In today’s political climate, the phrase “fake news” gets bandied about quite a bit. In addition to its more traditional meaning—news that is false, purposefully misrepresented or outright propaganda—fake news is also sometimes used to characterize any news published that the target or subject of disagrees with or dislikes. As…
As we previously discussed in our post “The ‘Commander-in-Tweet’ and the First Amendment,” the POTUS was criticized by the Knight First Amendment Institute for blocking certain Twitter users from his @realDonaldTrump account. According to the Knight First Amendment Institute, President Trump’s Twitter account functions like a town hall meeting where…
“Pleeeease?!” Buying a quick gift or giving in to your child’s pleas for a new toy is quickly becoming a more serious decision. In the age where toys can happily entertain kids by talking to them, the few precious moments those toys buy parents may not be without risk. It’s…
“Baby it’s okay, you can Google my name.” This line from T-Pain’s hit, “Bottlez,” became a focus in a recent Ninth Circuit trademark case on my favorite intellectual property issue: genericide. Among other evidence, the court considered if T-Pain’s use of “Google” showed that the Google trademark had become genericide’s…
Can you violate the First Amendment by blocking people from your Twitter account? According to the Knight First Amendment Institute, it’s possible if that account is @realDonaldTrump. As we have mentioned before, Donald Trump’s Twitter habit has been a large part of his public persona in recent years. Unsurprisingly, his…
President Donald Trump loves to tweet. Although he has been a prolific tweeter since his days as a reality TV star, during his presidential campaign and subsequent time in office, President Trump has taken the “Art of the Tweet” to new heights. The media, in return, has done its part…
Whether or not your friends and family get a kick out of your misery at work, that online post of yours might tick off your employer. But what rights do employers have to restrain their employees from complaining about them online? Can employers punish employees for posting their grievances online?…
President Donald J. Trump signed Executive Order 13800 titled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” on May 11, 2017, his thirty-fifth executive order since taking office. Before evaluating President Trump’s cybersecurity executive order, it is worth taking a step back to look at what Candidate Trump said…
Today, May 22, 2017, in the TC Heartland v. Kraft Foods opinion written by Justice Clarence Thomas, the U.S. Supreme Court held that the proper venue for a patent infringement lawsuit is (1) the state of incorporation for the defendant, or (2) a district where the defendant has committed acts…
As we have written about time and time again, and as celebrities and influencers gain more and more followers on social media platforms such as Instagram, Snapchat and Twitter, they must exercise care when endorsing the use of sponsored products and services. Under the current legal landscape, posting endorsements on…