Posts by ClockworkWP

In 2014, in a widely reported decision, the U.S. Patent & Trademark Office canceled several trademark registrations owned by the Washington Redskins because the term “Redskins” is disparaging of Native Americans.  But last year, the Federal Circuit ruled that Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), which prohibits registration of “scandalous, immoral,…

A Texas appeals court finds that a state statute is unconstitutional and extremely broad. An appeals court has struck down a “revenge porn” statute as unconstitutional and overly broad. So-called “revenge porn” laws are intended to prohibit use of intimate photographs to cause embarrassment. Although in some circumstances sharing such photos might support a civil…

Are First Amendment rights of free speech and free press contingent rights, available only to those who qualify as members of ‘the press?’ In Maethner v. Someplace Safe, Inc., the Minnesota Court of Appeals recently held that a defamation plaintiff could recover presumed damages without having to prove actual malice (i.e., that the defendant knew his statement…

Over the last couple of years, people have again found their voices and taken to the streets to protest…what exactly does the First Amendment protect and permit? Over the last couple of years, people have again found their voices and taken to the streets to protest through organizations like Black Lives Matter, the Women’s March,…

Harvard Kennedy School’s Shorenstein Center on Media, Politics and Public Policy published an article advocating for transparency by social media platforms. By Susan Tillotson Bunch Last week, Harvard Kennedy School’s Shorenstein Center on Media, Politics and Public Policy published an article (Harvard Kennedy School Article March 27, 2018) advocating for transparency by social media platforms in…