The Corporate Takeover of the First Amendment: All Eyes on the Bay Area

Look to the Bay Area for new battles on the commercial speech front. In these fights, you can really see how the conservative movement’s campaign against regulation is deploying the First Amendment. First, there’s the cellphone industry fight against Berkeley’s new requirement that mobile phone vendors warn against cell phone radiation. The warning reads: “If … Continue reading The Corporate Takeover of the First Amendment: All Eyes on the Bay Area

In Open Letter to Google, 80 Internet Scholars Press for More Transparency on Right to Be Forgotten Compliance

One year ago, the European Court of Justice, in Google Spain v AEPD and Mario Costeja González, ordered search engines to respond to users’ requests to delist results on searches of their names that allegedly violate user privacy rights.   This has become known as the Right to Be Forgotten (RTBF) ruling.  Today, 80 technology scholars from … Continue reading In Open Letter to Google, 80 Internet Scholars Press for More Transparency on Right to Be Forgotten Compliance

Hookah Lawsuit Up in Smoke: Supreme Court Denies Petition for Cert.

By: Brittney Cafero (Rutgers-Camden Law Class of 2015)   In August 2014, Inhale, Inc. (“Inhale”) filed petition for certiorari to the U.S. Supreme Court to address the issue of conceptual separability. The Copyright Act of 1976 protects a useful article — one having both functional and artistic aspects — as long as some element can be … Continue reading Hookah Lawsuit Up in Smoke: Supreme Court Denies Petition for Cert.

Rutgers Law Adjunct Professor Eli Segal Wins First Amendment Case Striking Down PA “Revictimization Act”

In sweeping language, Federal District Court Judge struck down Pennsylvania’s “Revictimization Relief Act” which made it a crime for violent “offenders” (undefined) to speak in ways that cause offense to victims.  Prevailing plaintiffs had characterized the law as the “Silencing Act.” Passed and signed hastily by former Governor Corbett, the law was a reaction to the fact that … Continue reading Rutgers Law Adjunct Professor Eli Segal Wins First Amendment Case Striking Down PA “Revictimization Act”