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25 Sep 2014, 6:57 am
See, e.g., id. at 751, 762, 763 (lead opinion); id. at 772-73 (White, J., concurring in the judgment). [read post]
18 Sep 2014, 4:46 am by Rebecca Tushnet
  Protecting content v. potential impediments to future innovations. [read post]
15 Sep 2014, 3:07 am
After a tough selection process, Eleonora announces the winner.* Broadcast Monitoring Service is (Partly) Fair Use for New York JudgeIn  Fox News Network, LLC v TVEyes Inc., No. 1:13-cv-05315, Fox News sued TVEyes, a US company that monitors and records “all content broadcast by more than 1,400 television and radio stations twenty-four hours per day, seven days per week, and transforms the content into a searchable database for its subscribers”, among the latter being the… [read post]
20 Aug 2014, 11:27 am
My students Nate Barrett, Charles Linehan, and Michael Smith worked on it, and New Jersey lawyer Daniel Schmutter of Greenbaum, Rowe, Smith & Davis LLP was kind enough to agree to be pro bono local counsel — many thanks to him for that! [read post]
18 Aug 2014, 8:45 am by Wells Bennett
The White House relented and agreed to changes—one being, apparently, a bid to bring the surveillance within the FISA framework. [read post]
11 Aug 2014, 7:29 am
Davis, 427 F.3d 197, 212 n.14 (3rd Cir.2005) (“[V]ideotaping or photographing the police in the performance of their duties on public property may be protected activit[ies]”); Smith v. [read post]
18 Jul 2014, 11:33 am by Marty Lederman
  That is simply not how the Court resolved free exercise claims in the generation preceding Smith. [read post]
19 Jun 2014, 4:00 am by Administrator
Supreme Court held more than a decade ago in Swidler & Berlin v. [read post]
4 Jun 2014, 7:41 pm by Schachtman
Grand Trunk Ry, 55 N.H. 84 (1874) (reversing traumatic cancer verdict on other grounds) New Mexico White v. [read post]