Is Free Speech for Assholes?

The College of Law at the University of Arizona is holding a First Amendment conference in February; the public lecture, which features a bevy of free speech luminaries, is titled, “Is Free Speech for Assholes?” The panel will debate the virtues and pitfalls of current First Amendment doctrine, from corporate speech to hate speech to […]

Does the Ninth Circuit’s “Dancing Baby” Decision Mean Anything for Fair Use Under the DMCA’s Anticircumvention Rules?

Last fall, in Lenz v. Universal Music Corp., the Ninth Circuit ruled that copyright owners are required to have a procedure (even if it is mostly an automated, computer-implemented procedure) in place to consider whether someone else’s use of the copyright owner’s work online is legally protected under the fair use doctrine prior to sending a takedown […]

Copyright = Speech

I have an essay coming out in volume 65 of the Emory Law Journal, as part of the terrific 2015 Thrower Symposium. It’s titled “Copyright = Speech,” and here’s the abstract: Expression eligible for copyright protection should be presumptively treated as speech for First Amendment purposes. Both copyright and the First Amendment share the goal […]

Against Jawboning and Outrageous and Irrational

Volume 100 of Minnesota Law Review has just been published. “Against Jawboning” is in the first issue, along with co-blogger / spouse Jane Bambauer, whose article “Outrageous and Irrational” is co-authored with constitutional law / First Amendment expert and friend Toni Massaro. Minnesota LRev continues to be one of the top venues for publishing information […]

Backpage, Dominatrixes, and a Victory Against Jawboning

Sheriff Thomas Dart, of Cook County, is a crusader against prostitution, sex trafficking, and related criminal activity. He has concentrated his efforts recently on Internet platforms such as Craigslist and Backpage, which have an “adult” section as thriving and variegated in its offers as any free weekly newspaper in a major metropolitan area. Dart is […]

Against Jawboning

I’d be grateful for feedback on a new draft article, Against Jawboning, coming out in volume 100 of the Minnesota Law Review. Here’s the abstract: Despite the trend towards strong protection of speech in U.S. Internet regulation, federal and state governments still seek to regulate on-line content. They do so increasingly through informal enforcement measures, […]

Big Pharma: the New Hustler

That’s the provocative thesis of Jane’s post over at Balkinization for the conference Public Health in the Shadow of the First Amendment. Worth a read! And here’s her second post.

The Cambridge University Press decision and Educational Fair Use

The Eleventh Circuit released its 129-page opinion in Cambridge University Press v. Patton (which most of us probably still think of as the Becker case) last Friday. Although the appeals court reversed what I thought was a pretty solid opinion of the district court upholding Georgia State University’s practice of distributing digital “course packs” of reading […]

ACLU Challenges Arizona Revenge Porn Law

The ACLU, ably assisted by Dentons US LLP, has filed a challenge to Arizona’s revenge porn law in federal district court (complaint, ACLU blog, WIRED story). This is great news for Arizonans: the bill was terribly drafted and unconstitutional from the moment it was signed into law. Fighting revenge porn is important, but as Arizona […]

Icanhazjurisdiction?

Alan Trammell and I have a new article coming out on the problems of personal jurisdiction analysis when it involves Internet contacts. (The title is Personal Jurisdiction and “teh Interwebs”; I tried very hard to convince Alan to go with the title of this post, to no avail.) Abstract is below; we’d love your comments […]