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Category Archives: First Amendment
Why Courts Should Use Restraint When Considering A “Prior Restraint”
There has been little fall-out or commentary about a March 12, 2012 Order by the Indiana Court of Appeals temporarily halting the South Bend Tribune from publishing a news story about an instance of suspected child abuse and the response of the Indiana … Continue reading
Posted in Censorship, First Amendment, Free Speech, Prior Restraint, Uncategorized
Tagged First Amendment, Prior Restraint
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Indiana COA Upholds Rights of Internet Commenters to Remain Anonymous
In a case of first impression, the Indiana Court of Appeals held earlier this week that the identity of anonymous internet posters is protected under the First Amendment and Article I, Section 9 of the Indiana Constitution and should not be subject to subpoena … Continue reading
Are Bloggers Subject to a Higher Standard Than Professional Journalists?
The curious case of self-styled “Investigatory Blogger” Crystal Cox has received much attention in the blogosphere. Last month, a federal court jury in Oregon returned a $2.5 million defamation verdict against Cox as a result of a series of defamatory … Continue reading
Posted in Defamation, First Amendment, Internet, Standard of Care
Tagged Defamation, First Amendment, Internet law
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Counsel Debate Value of Anonymous Internet Posts
Are internet forums analogous to the soapbox in the town square — the technological equivalent of Speakers’ Corner in London’s Hyde Park? Or are internet forums the 21st century version of the Wild West where reputations are shot down with … Continue reading
Oral Argument on Monday in Case of First Impression
A panel of three Judges of the Indiana Court of Appeals will hear oral argument Monday afternoon, December 12, 2011, starting at 1 PM in the Indiana Supreme Courtroom, in a media law case of first impression in Indiana. I’ve … Continue reading
Posted in First Amendment, Internet
Tagged Anonymous Speech, Defamation, First Amendment, Internet law
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Government Confiscation of Videotape: Will the First Amendment Save Us?
As Americans, we frequently take for granted our freedoms under the First Amendment. We see images of totalitarian governments in other countries seizing cameras from members of the media and ordinary citizens to cover up abuse and repression. After overcoming … Continue reading
