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Government Confiscation of Videotape: Will the First Amendment Save Us?
As Americans, we frequently take for granted our freedoms under the First Amendment. We see images of totalitarian governments in other countries seizing cameras from members of the media and ordinary...
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Oral Argument on Monday in Case of First Impression
A panel of three Judges of the Indiana Court of Appeals will hear oral argument Monday afternoon, December 12, 2011, starting at 1 PM in the Indiana Supreme Courtroom, in a media law case of first...
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Counsel Debate Value of Anonymous Internet Posts
Are internet forums analogous to the soapbox in the town square — the technological equivalent of Speakers’ Corner in London’s Hyde Park? Or are internet forums the 21st century version of the Wild...
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Are Bloggers Subject to a Higher Standard Than Professional Journalists?
The curious case of self-styled “Investigatory Blogger” Crystal Cox has received much attention in the blogosphere. Last month, a federal court jury in Oregon returned a $2.5 million defamation verdict...
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Free speech over the Internet put to the test
As featured in The Indiana Lawyer this week in the commentary section. http://bit.ly/AuczZ8 There is nothing like free expression to test how much we truly value that freedom. Views expressed in a free...
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Indiana COA Upholds Rights of Internet Commenters to Remain Anonymous
In a case of first impression, the Indiana Court of Appeals held earlier this week that the identity of anonymous internet posters is protected under the First Amendment and Article I, Section 9 of the...
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Why Courts Should Use Restraint When Considering A “Prior Restraint”
There has been little fall-out or commentary about a March 12, 2012 Order by the Indiana Court of Appeals temporarily halting the South Bend Tribune from publishing a news story about an instance of...
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YouTube “Gets Tubed” by Internal E-Mails Showing Knowledge of Copyright...
It never ceases to amaze me what even sophisticated business people will write in an e-mail. The executives of YouTube obviously are sophisticated, both in business and technology, yet e-mails that...
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FCC Regulation of George Carlin’s Seven Dirty Words: What’s So Vague About That?
George Carlin’s comedy routine about the seven words that can’t be said on television is (to me at least) as funny today as it was decades ago, and, indeed, is still relevant. Carlin has a gift for...
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Private Entities Liable For Attorneys’ Fees For Opposing Public Access
In a decision earlier this week, a slim 3-2 majority of the Indiana Supreme Court held that private entities who intervene to oppose access to public records are subject to liability for the attorneys’...
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