Topic
first amendment
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IP Intelligence
Federal Circuit Finds Lanham Act Clause Banning Immoral and Scandalous Trademarks Unconstitutional
On December 15, 2017, the Court of Appeals for the Federal Circuit struck down as unconstitutional the clause within 15 U.S.C. § 1052(a) (“Section 2(a)”) banning registration of a trademark…
Food Safety News
Split decision on Idaho’s Ag-Gag Law Might Extend Beyond Agriculture
By Dan Flynn
An appellate court Thursday restored specific provisions of Idaho's 2012 Ag-Gag law but said audio, visual recordings of animal agricultural facilities could not be prohibited by the Gem State under…
Constitutional Law Prof Blog
Ninth Circuit on Idaho’s Ag-Gag Law: Portions Violate First Amendment
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its opinion in Animal Defense League Fund v. Wadsen, a divided panel of the Ninth Circuit largely affirmed…
Constitutional Law Prof Blog
Second Circuit Finds Denial of Permit to “Wandering Dago” Food Truck Unconstitutional
Professor Ruthann Robson, City University of New York (CUNY) School of LawIn its unanimous panel opinion in Wandering Dago, Inc. v. DeSito, the Second Circuit reversed the district court and…
PrawfsBlawg
Indiana tries to stop NFL kneeling–and would fail
Main Tuesday, January 02, 2018Indiana tries to stop NFL kneeling--and would failAn Indiana legislator has introduced legislation that would require the Indianapolis Colts to grant fans a refund if players…
Marks, Works, and Secrets
Tam Extended: Prohibition of “Immoral and Scandalous” Trademarks Unconstitutional
By Ira S. Sacks, Rachel B. Rudensky
The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109 (Fed. Cir. December 15, 2017), ruling that Section…
Land Use Developments
Ninth Circuit: Ventura County Outdoor Wedding Regulations Violate First Amendment
On December 7, 2017, a three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that the County of Ventura’s land use regulations, which require a…
Drug & Device Law
Inauspicious Debut for Depakote Plaintiffs’ First Amendment Argument
By Bexis
We’ve been aware of the other side attempting to construct a First Amendment counter-argument to our preemption defense for some time. It first cropped up in a 2015 360 article…
Rocky Mountain Sign Law Blog
First Amendment Still Doesn’t Require Seattle Transit System to Run “Faces of Global Terrorism” Ad
Does the First Amendment require a public transit system to run an ad alerting riders to the “Faces of Global Terrorism”? No, concluded a federal district court last month. The…
On Competition Law and Economics
CNN: Is There A First Amendment Defense to an Anticompetitive Merger?
Shortly after the Justice Department’s challenge to AT&T’s acquisition of Time Warner was announced, a rumor floated that AT&T had offered to divest CNN to assuage the Division’s concerns. The…