DMCA Abuse & How Anonymity Protects Free Expression
Edward L. Birk Feb 28, 2023 in First Amendment
Have you ever been served a DMCA Takedown Notice? This legal tool was created by the Digital Millennium Copyright Act in 1998 to protect intellectual property on the internet. But decades down the road, we’ve seen that some internet users experience DMCA abuse – tactics that chill speech or uncover anonymous speech, which is protected by the first amendment. One notable case came up against the Watchtower Bible and Tract Society, a Jehovah’s Witness group. […]
Continue ReadingWe know that the Supreme Court overturning of Roe v. Wade affects abortion rights throughout the nation. But is abortion speech protected by the First Amendment even if it’s banned in certain states? The new state-by-state nature of abortion law is what renders speech a complex issue – especially since some laws mention “aiding and abetting” abortion. If someone advises a person on how to have a legal abortion in a state where it’s illegal […]
Continue ReadingFirst Amendment Complications of AZ HB2319: Restricting Filming of Police
Edward L. Birk Feb 21, 2023 in First Amendment
Even though case law is well settled, the debate over the filming of police as a First Amendment right continues. The 10th Circuit Court of Appeals recently reinstated a lawsuit, ruling that civilian videos of police are protected by the constitution: “[The plaintiff’s] right to film the police falls squarely within the First Amendment’s core purposes to protect free and robust discussion of public affairs, hold government officials accountable, and check abuse of power.” Meanwhile, […]
Continue ReadingMost free-speech cases are complicated. For instance, a case regarding free speech in Yakima, WA rests on the intersection of protection against discrimination and public safety. A local furniture business owner sued the city and several public employees, alleging that the city persecuted him with fire code inspections and violations after he opposed a city plan to replace a parking lot with a downtown plaza. The city argues that the temporal proximity of the business […]
Continue ReadingI have posted about anti-SLAPP laws. SLAPP stands for Strategic Lawsuits Against Public Participation. Often brought by public figures or organizations with greater power and resources, anti-SLAPP lawsuits are filed with the unstated purpose of silencing critical First Amendment rights. The unstated message is: “You don’t really believe this is a case of defamation. You’re just trying to chill my speech in legal fees and red tape.” Anti-SLAPP laws empower defendants to call the plaintiff’s […]
Continue ReadingSince the 2020 elections, public records requests to elections agencies have increased exponentially. Elections officials say that people who believe they will find evidence of voter and election fraud have caused the increase. Elections officials say the increased workload is a concern and there are instances of threats to election workers. Nonetheless, they are working to meet the need. After all, transparency should help answer questions about election fraud in order to uphold the integrity […]
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