Author Archives: Bose McKinney & Evans LLP

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.

Private Entities Liable For Attorneys’ Fees For Opposing Public Access

In a decision earlier this week, a slim 3-2 majority of the Indiana Supreme Court held that private entities who intervene to oppose access to public records are subject to liability for the attorneys’ fees of the party who successfully … Continue reading

Posted in Access, Indiana Supreme Court, Public Records, Uncategorized | Tagged , , , | Leave a comment

FCC Regulation of George Carlin’s Seven Dirty Words: What’s So Vague About That?

George Carlin’s comedy routine about the seven words that can’t be said on television is (to me at least) as funny today as it was decades ago, and, indeed, is still relevant. Carlin has a gift for humorous social commentary. … Continue reading

Posted in Broadcasting, Censorship, Communications Law, FCC, FCC Regulation, First Amendment, Indecency, US Supreme Court | Tagged , , , , , , , , , , , , , , , | Leave a comment

YouTube “Gets Tubed” by Internal E-Mails Showing Knowledge of Copyright Infringement

It never ceases to amaze me what even sophisticated business people will write in an e-mail.  The executives of YouTube obviously are sophisticated, both in business and technology, yet e-mails that surfaced in a major copyright lawsuit with Viacom have seriously damaged … Continue reading

Posted in Copyright Enforcement, DMCA, Internet, Uncategorized | Leave a comment

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 , , , , , | Leave a comment

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

Posted in Anonymous speech, Defamation, First Amendment, Free Speech, Internet, Journalist's Shield | Tagged , , , , , , , , , , , , | Leave a comment

Free speech over the Internet put to the test

As featured in The Indiana Lawyer this week in the commentary section. http://bit.ly/AuczZ8 There is nothing like free expression to test how much we truly value that freedom. Views expressed in a free and open exchange are sometimes ugly, mean-spirited or … Continue reading

Posted in Defamation, Free Speech, Internet | Tagged , , , | 3 Comments

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 , , | Leave a comment