The Obama era was the first time that social media was truly recognized by elected officials as an effective tool for communicating directly with the public. Because it’s relatively new on the political scene, there are not many precedents set for how social media can...
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Broadcasters: How to Protect Yourself from Photo Lawsuits
By Edward L. Birk and Crystal T. Broughan In a recent post, we wrote about the fast-paced world of broadcasting, made even faster by the Internet age, and how this has led to the temptation of pulling imagery from websites without confirming copyright and securing...
Social Media Photo Copyright: Apart from Selfies, Who Can Give Permission for Reuse Is Not Always Clear
By Crystal T. Broughan and Edward L. Birk As fast-paced as the internet has made the transmission of news and information, it can be tempting for media outlets and bloggers to grab the first eye-catching image relevant to a story. But any trusted intellectual property...
Can a Court Squelch Public Statements by a Criminal Defendant Before Conviction?
Long-time Republican political operative, staunch Trump supporter, and self-described “dirty trickster” Roger Stone has never been one to hold his tongue in the face of controversy. Even in the wake of criminal indictment on five counts of making false statements, one...
California Court Rules Social Media Posts Are Not Always a First Amendment Right
We have a Constitutional right to express ourselves on social media, right? Social media is the new public square, a traditional public forum, right? Not so fast… Generally true. But there are narrow situations where a court may lawfully restrict social media use. A...
The First Amendment and the “Purported Fan” Who Posted an Ugly and Hateful Image of FSU Coach Being Lynched
On November 24, the FSU Seminoles lost to the Florida Gators 42-14, giving the football team a 5-7 record and making them ineligible for a bowl game for the first time in over 30 years. Following that loss, a man named Tom Shand posted an image in a Facebook group of...
Happy New Year from the Marks Gray IP Team!
CNN’s Jim Acosta Banned from – Then Restored to – the White House Briefing Room
According to the White House, CNN’s Jim Acosta was banned from the briefing room for “unacceptable” conduct, including “yanking back” when a staffer tried to grab the microphone. The White House Correspondents Association didn’t see it that way. They issued a...