Articles

TheFlyonTheWall: A Judicial Paradox?

By Robert P. LoBue

Using the logic that the Fly majority employed to relegate the NBA five-part test to dictum, one would have to conclude that Fly's "holding" is itself dictum.

BART Cell-Phone Shutdown: FCC Activity and the Implications

By Kerry L. Monroe

After a San Francisco subway disabled cell-phone service in its stations in response to protest activity, the FCC is preparing to review the legal and policy issues involved.

Courts Limit Schools' Use of FERPA to Withhold Information

By Frank D. LoMonte

A string of court rulings casts doubt on whether schools and colleges can rely on federal privacy law to withhold information other than core academic records.

Videotaping in Plain View Does Not Invade Privacy

By Katharine Larsen

A federal judge held in favor of CBS in an action for damages based on claims of intrusion on seclusion and intentional infliction of emotional distress.

Wikipedia Dispute Resolution

By Thomas C. Goodhue

Wikipedia has implemented procedures that address its potential for misuse.

Fifth Circuit Rules on Due-Process Claim in Access Case

By Jonathan Donnellan and Heather Dietrick

The court decided the issue of whether notice and an opportunity to be heard is required at all by the First Amendment before closing a court hearing and, if it is, what is required.

Tobacco Suit Challenges Graphic Warning Mandate

By Diego Ibarguen and John P. D’Ambrosio

Several cigarette manufacturers have filed a federal lawsuit challenging the constitutionality of the FDA's recently published regulations.

"Substantially True" Statements Are Not Defamation

By Steven D. Zansberg

The Tenth Circuit found that a documentary that depicted a federal prisoner as a "member" of a white-supremacist gang was "substantially true."

Supranational Court Doesn't Require Prepublication Notice

By Dana Green

Despite the ECHR's analysis of the problems it would pose, the decision does not prohibit European countries from requiring advance notification.

The Supreme Court's Search for "Starch" in Free-Speech Cases

By William D. Araiza

Four cases illustrate the Court's urge to decide free-speech issues through recourse to rigid rules rather than more flexible standards.

The Need for Federal Anti-SLAPP Legislation

By Peter Kurdock

SLAPPs aren't just random, meritless lawsuits. They are lawsuits that directly attack First Amendment rights.

Privacy: Intrusion to False-Light Invasion of Privacy

By Thomas J. Williams and John P. Borger

The Supreme Court examined whether a public employee has any right of privacy when sending text messages on a government-issued mobile device.

Defamation: The Fair-Report Privilege to the Libel Tourism Bill

By Leita Walker

New Jersey declined to adopt an initial pleadings exception to the fair-report privilege.

The Internet: Anonymous Speakers to the Single-Publication Rule

By Steven Zansberg, Ashley Kissinger, and Katharine Larsen

Courts generally continued on the path of providing significant protection to anonymous online speakers over the past year.

Access: Supreme Court Developments to Freedom of Information Acts

By Joseph R. Larsen

This past year is remarkable for the number of Supreme Court rulings affecting access to information.

Newsgathering: "Broadcasting" from Courtrooms to "Hot News"

By Thomas Leatherbury

In this era of smart phones and wireless Internet, judges must decide whether reporters should be permitted to blog, tweet, and stream video from their courtrooms during trials.

Reporter's Privilege: The Reporter's Privilege Bill to Shield Laws

By Catherine A. Van Horn

The reporter's privilege suffered several setbacks in 2010.

Colorado Court of Appeals Rejects Churchill Free-Speech Retaliation Claim

By Alan K. Chen

The controversial university professor fired after the uproar over his essay comparing 9/11 victims to "little Eichmanns" has lost an appeal seeking the reinstatement of his First Amendment claims.

Wikileaks and the Pentagon Papers: Parallels and Differences

By George Freeman

Comparisons have been made between the Wikileaks disclosures and the publication of the Pentagon Papers, but the differences are more prevalent than the similarities.