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The First Amendment, Twitter, and Dr. Bandy Lee

  • BlogFirst AmendmentMedia LawSocial MediaTechnology
  • ByRenisha Ricks
  • OnApril 12, 2021
Did Dr. Bandy Lee Engage in Protected Speech When She Rendered  an Opinion about Alan Dershowitz’s Mental Health Condition on Twitter? Background There is a raging debate about whether Yale University in terminating Dr. Bandy Lee’s contract violated her constitutional…

BitClout: Decentralized Social Media or NFTs for Celebrities?

  • Art Law & Cultural PropertyBlogCopyrightData LawEntertainment LawMedia LawPrivacySocial MediaTechnology
  • ByBrian Wohlhieter
  • OnApril 12, 2021
If you’ve been paying any attention to the latest cryptocurrency news and even if you haven’t you’ve probably heard something about the new NFT craze that has been sweeping the space. NFTs are “non-fungible tokens” that are stored on a…

The Evolving Conversation Around Section 230 Immunity

  • BlogCyberlawData LawInformation LawMedia LawSocial MediaTechnology
  • ByJordan Doll
  • OnApril 5, 2021
Section 230 of the Communication Decency Act (“CDA”) grants sweeping immunity to interactive computer service providers (“ISP”) against claims arising from content posted on their sites by third parties. Significantly, this protects websites from tort liability arising from content their…

Political Campaigns and Microtargeting

  • BlogData LawInformation LawMedia LawSocial MediaTechnology
  • ByJen Endick
  • OnMarch 16, 2021
On January 6, 2021, rioters overcame police barricades and unlawfully entered the United States Capitol. In the weeks leading up to the attack on the Capitol, Facebook had been displaying ads for tactical gear and military equipment next to content…

Should Schools Be Permitted to Monitor and Punish Students for Speech on Social Media?

  • BlogFirst AmendmentMedia LawSocial MediaTechnology
  • ByLaura Cohen
  • OnMarch 16, 2021
May a school monitor and discipline a student for her content on social media? This blog post will explore the foundations of student speech law and how courts are trying to adapt the principles established in an analog era to…

Can #DoctorsofTikTok Be Held Accountable?

  • BlogEntertainment LawHealth LawInformation LawMedia LawSocial MediaTechnology
  • ByMarah Fields
  • OnMarch 8, 2021
By now, most people have heard of the social media app taking the world by storm–TikTok. TikTok is a free social media networking application that allows its users to create, watch, and share videos. “The convenient mobile-native nature of TikTok,…

Public Forums and Section 230—Should They Work Together?

  • BlogData LawFirst AmendmentMedia Law
  • ByJack Madeb
  • OnNovember 9, 2020
The First Amendment of the United States Constitution states, “Congress shall make no law . . . abridging the freedom of speech.” The right to freedom of speech allows individuals to express themselves without government interference or regulation. However, the…

Public Safety versus Privacy in light of Coronavirus: When Contact Tracing can become a Search under the 4th Amendment

  • BlogMedia LawPrivacy
  • ByEric Delgado
  • OnApril 26, 2020
There are many concerns regarding the current Coronavirus pandemic. We’re concerned with our health and the health of our friends, family, and neighbors. We’re concerned with the current state of the economy and the future economic outlook given the pandemic.…

AT&T v. United States: Vertical Mergers in the Telecommunications Market

  • BlogMedia Law
  • BySamantha Kocharov
  • OnApril 14, 2020
In November of 2017, the United States Department of Justice brought its first vertical merger challenge in several decades. Considered one of the largest acquisitions in history,[1] this merger represents a regular pattern of cable and media companies to consolidate…

TiK ToK: Time is up on Kesha lawsuit

  • BlogFirst AmendmentMedia Law
  • ByAnastasia Noll
  • OnMarch 8, 2020
In 2014, Kesha filed a lawsuit against her producer Lukasz Gottwald attempting to void her contracts and accusing him of sexual assault and emotional abuse.[1] After this lawsuit was filed, Gottwald then countersued her for defamation and breach of contract…

Tabloids and Tragedy: TMZ’s hijacking of the death announcement of Kobe Bryant

  • BlogFirst AmendmentMedia Law
  • ByDylan Reich
  • OnFebruary 12, 2020
On Sunday, January 26, former Los Angeles Lakers star player and all-around basketball legend Kobe Bryant (41) tragically perished in a helicopter crash in California, along with his second-eldest daughter Gianna (“Gigi”) (13) and seven other individuals aboard the aircraft.…

State Attorneys General Seek to Clarify the Negative Option Marketing Regulatory Scheme

  • BlogMedia Law
  • ByAnna Antonova
  • OnJanuary 29, 2020
Everyone loves a free trial… until you are caught in a perpetual billing cycle of paying for goods or services that you did not know you ordered. Regulators call it negative option marketing.[1] Advertisers refer to it as “advanced consent…
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  • Issues
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    • Name, Image, Likeness: The Evolution of College Athletics
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    • 25 Years of Section 230: Retain, Reform, or Repeal?
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    • Diamond Anniversary: 75 Years of the Lanham Act
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    • Fake It Till You Make It?: Striking the Right Balance Between Innovation, Publicity Rights, and Copyright
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    • Name, Image, Likeness: The Evolution of College Athletics
    • The Parthenon Marbles Case and the Universal Museum Myth: Policies and Politics
    • 25 Years of Section 230: Retain, Reform, or Repeal?
    • Piracy Paradox in an Era of Disruption
    • Diamond Anniversary: 75 Years of the Lanham Act
    • Trophies for the Empire
    • Digital Art & Blockchain
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      • New Impressions on Advertising Law
      • 3D Printing and Beyond
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