Tag Archives: First Amendment

Sixth Circuit Suggests Liability for Copyright Infringement May Justify Reduced First Amendment Protection for Anonymous Speech, But Recommends Consideration of Context and ‘Practical Need’ for Unmasking

Ruling on what it characterized as an issue of first impression, the U.S. Court of Appeals for the Sixth Circuit suggested that a judgment of liability in a copyright infringement case may be a tipping point justifying the unmasking of anonymous internet users. The Sixth Circuit remanded Signature Mgmt. Team v. Doe, No. 16-2188 (6th … Continue Reading

Federal Circuit Rejects Disparaging Trademarks’ Ban on First Amendment Grounds

A December ruling by the Federal Circuit emphasized the value of commercial speech through trademark registration, and the case may have implications for the Washington Redskins. The NFL team’s Super Bowl dreams may be over, but the intellectual property battle over their name is still alive. In a move that is likely to affect the … Continue Reading

An Important Customer Review Issue Swept Under the Carpet

Is there a right to be “anonymous” when posting customer reviews? The U.S. Constitution supports “anonymous pamphleteering,” but defamatory speech falls outside of First Amendment protections. So, what is a negative online customer review? Pamphleteering or defamation? In Yelp! Inc. v. Hadeed Carpet Cleaning, Inc., Hadeed, an owner of a cleaning service believed that negative … Continue Reading

Does “Public” Privacy Exist?

This post was also written by John Hines, and Frederick Lah. Just how much privacy are we entitled to in public places, such as public highways and buses, classrooms, restaurants, or even on the Internet? While we expect to lose some sense of privacy when we move into public spaces, does this mean that we should … Continue Reading
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