Category Archives: First Amendment

Clinic Files Amicus Brief Arguing for Broader Access to Government Databases Through FOIA

The Cyberlaw Clinic filed an amicus brief (pdf) this week in the United States Court of Appeals for the Ninth Circuit on behalf of a group of data journalists and media organizations, advocating for a different approach to Freedom of Information Act (FOIA) … Continue reading

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Clinic Files Amicus Brief for Former Mag. Judges re: Surveillance Orders

The Cyberlaw Clinic filed an amicus brief (pdf) last week in the United States Court of Appeals for the D.C. Circuit on behalf of a group of former United States Magistrate Judges, supporting the unsealing of government surveillance orders and applications. … Continue reading

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Former Clinic Students Present Harvard Law Review Student Notes

Of the four students whose work is represented in the Harvard Law Review’s April 2018 “Developments in the Law” issue, three are former students in the Cyberlaw Clinic and all have taken classes with our staff. The issue of the … Continue reading

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Ninth Circuit Hears Oral Argument in NSL Gag Order Case

The Electronic Frontier Foundation‘s Deputy General Counsel (and Berkman Center Affiliate) Kurt Opsahl argued before a Ninth Circuit panel this week in a case — In re: National Security Letter, Under Seal v. Holder (Sealed), 13-15957 & 13-16731 (consolidated), 13-16732 — that … Continue reading

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Clinic Teams w/WGBH to Support Boston TV News Digital Library

The Cyberlaw Clinic has teamed up with WGBH to support the extraordinary Boston TV News Digital Library project.  The project, funded by the Institute of Museum and Library Services and the Council on Library and Information Resources, is a collaboration … Continue reading

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Sixth Circuit Affirms Dismissal of Claims Against TripAdvisor

The Sixth Circuit issued an important decision today in Seaton v. TripAdvisor, LLC, a case concerning Tennessee defamation law and the scope of liability for online intermediaries that aggregate user-submitted content (in this case, hotel reviews).  The Cyberlaw Clinic submitted … Continue reading

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Cyberlaw Clinic Defends Free Speech at Federal Appeals Court

Today the Cyberlaw Clinic filed an amicus brief in the case of U.S. v. Auernheimer on behalf of the Digital Media Law Project (DMLP), arguing that the First Amendment prohibits the government from punishing Auernheimer’s disclosure of true, newsworthy information, … Continue reading

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Fee Award in ACLU v. Alvarez

Ars Technica and The Chicago Sun Times report on developments in ACLU v. Alvarez, a case out of the Northern District of Illinois that concerns applicability of the Illinois Eavesdropping Act to audio recordings of police officers carrying out their official duties in … Continue reading

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The DMLP Asks the Sixth Circuit to Safeguard Crowdsourced Research and Data-based Journalism

The Digital Media Law Project (formerly the Citizen Media Law Project), assisted by Harvard Law School’s Cyberlaw Clinic, has asked the Sixth Circuit to make clear that website operators that aggregate citizen reports and rely on that data to draw … Continue reading

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Mass SJC Rules in Barnes and Diorio, Rejecting Prior Restraints on Speech and Supporting Right to Stream and Archive Court Proceedings Online

In an important victory for freedom of speech, the Massachusetts Supreme Judicial Court issued a decision today in two related cases, Commonwealth v. Barnes andCommonwealth v. Diorio. The cases concerned WBUR‘s OpenCourt project, and the Court’s decision follows a long line of precedent in holding that courts generally may … Continue reading

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