Tag Archives: First Amendment

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

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

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

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

Posted in Defamation, First Amendment, Internet | Tagged , , , , | 3 Comments

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

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