A perennial question in this internet age is, “Who exactly does qualify as the news media?” In the days when Gutenberg invented movable type, the number of printing presses could be counted on fingers and toes. Today, with the internet as every man or woman’s printing...
Media Law
Attorney David Boies’s Career-Killing Ethical Breach for Weinstein
Many have wondered how Harvey Weinstein’s story went unreported for so long. Part of the reason may have come to light in a recent New Yorker article. According to the New Yorker article, and other news coverage, Weinstein hired attorneys and private intelligence...
Flipping the Bird at the President Is Protected Speech; Bragging about It on Social Media, Not So Smart
A recent court case reaffirmed that flipping the bird in protest is usually protected speech, not disorderly conduct. When the gesture is used to express contempt, anger, or protest, and not a “true threat,” in most situations a person cannot be guilty of a crime....
Will Trump Prosecute the News Media for Publishing Leaks?
During his first months in office, President Trump has complained about people in government leaking sensitive or secret information to the news media. He has at times suggested news media should be prosecuted for publishing secret information. Is that likely? History...
Could the President Punish NBC News for What He Says Is a False Report?
A recent NBC News report said that the president wanted an almost tenfold increase to our nuclear warhead stockpile. Trump was quick to claim the story was “made up and “pure fiction” on Twitter. He followed that up with a tweet threatening the broadcast license for...
Should the Press and the Public Be Shut Out during Times of Crisis?
During times of crisis, it is easy to understand why emergency management personnel want to control the message. They may have specific, urgent information to get out. They may want to minimize panic. But is shutting out the press and the public the best way to do...
Is Flipping the Bird Disorderly Conduct or Protected Speech?
In August of 2014, pastor John Berry asked teachers attending his service to stand and be recognized, and he requested that the congregation pray for their success in the upcoming school year. One church member, homeschooling father David Justin Freeman, did not...
Shareholder Edward L. Birk Launches a New Blog
Marks Gray, P.A. is pleased to announce attorney Edward L. Birk recently launched a new blog, Media and First Amendment Law. Mr. Birk is a thought leader and frequent speaker on first amendment law. In his first blog installments he discusses; The Difference Between...