Free Speech

Please join us at the Yale Club of New York City on March 14 for the inaugural ATL Attorney@Blog conference. Featuring opening remarks by preeminent First Amendment lawyer Floyd Abrams of Cahill Gordon & Reindel, Attorney@Blog will be a first-of-its-kind convocation of leading legal bloggers. Panelists will include Tim Wu of Columbia Law School, Karen Sloan of the National Law Journal, Kyle McEntee of Law School Transparency, Kevin O’Keefe of LexBlog, Vivia Chen of The Careerist, and many more.

Still in search of those hard-to-find ethics credits? We’ve got a solution for you: CLE credit will be available at the conference, complimentary with your admission. We will be offering up to SIX ETHICS CREDITS, courtesy of Marino Legal, for our first three panels. Attendees will have to check in with the company before and after each panel to confirm their attendance. Has anything ever been easier?

Click here for more details and to buy tickets. We’ve extended early-bird pricing until February 15th, just so you can come and get your FREE CLE credits. Hurry up and get your tickets before it’s too late!

Attorney@Blog Conference [Above the Law]

Join us at the Yale Club in New York City on March 14 for the inaugural ATL Attorney@Blog conference. Featuring opening remarks by preeminent First Amendment lawyer Floyd Abrams of Cahill Gordon & Reindel, Attorney@Blog will be a first-of-its-kind convocation of the leading legal bloggers. Panelists will include Tim Wu of Columbia Law School, Karen Sloan of the National Law Journal, Kyle McEntee of Law School Transparency, Kevin O’Keefe of LexBlog, Vivia Chen of The Careerist, and many more.

Still in search of those hard-to-find and desperately needed ethics credits? We’ve got a solution for you: CLE credit will be available at the conference, complimentary with your admission. We will be offering up to SIX ETHICS CREDITS, courtesy of Marino Legal, for our first three panels. Attendees will have to check in with the company before and after each panel to confirm their attendance. Has anything ever been easier?

Click here for more details and to buy tickets. We’ve extended early-bird pricing until February 15th, just so you can come and get your FREE CLE credits. Hurry up and get your tickets before it’s too late!

Attorney@Blog Panels:

Free Speech Online
Moderator: David Lat
This panel will discuss emerging free speech issues in addition to practical advice on how to avoid violating libel statutes and other related legal pitfalls.

The Trolls: Confronting (or Ignoring) Racism and Sexism
Moderator: Staci Zaretsky
This panel will explore the various strategies and best practices (along with their intellectual underpinnings) available to legal bloggers in managing the dark side of the internet: the “trolls” who engage in offensive and hateful (albeit protected) speech.

Blogs as Agents of Change
Moderator: Elie Mystal
This session will explore the degree to which blogs and bloggers are a by-product or prime mover behind the way in which the profession is being forced to challenge some of its basic assumptions.

Emerging Technical Trends & Best Practices
Moderator: Joe Patrice
This panel will explore the intersection of technology and the law, including the use of social media for business development, as well as practical tips on content strategy, SEO, blogging platforms, and other topics.

Attorney@Blog Conference [Above the Law]

See, this is an awesome logo.

* The Phoenix Coyotes plan to change their name to the Arizona Coyotes. They probably should have looked into whether or not someone had trademarked “Arizona Coyotes.” I don’t care about their name as long as they go back to their awesome original sweaters. [The Legal Blitz]

* As expected, Mayor Bill De Blasio has dropped New York City’s appeal of the stop-and-frisk case. [New York Times]

* As we discussed this morning, Eric Holder had to make a decision on whether or not to pursue the death penalty in the Boston Bomber case. Well, he made it. [CNN]

* No, getting mocked on late night TV is not the same as torture or the mass extermination of human beings. [Popehat]

* What happens when 16 children’s book characters are sent to court? [Visual.ly]

* Here are 5 quick tips to employ when preparing for the bar exam. [BigLaw Rebel]

* Prosecutors aren’t all out to get your client. You need to read the signals to figure out when they’re willing to help. [Katz Justice]

* Unlocking your phone is still a crime. It’s almost as though Congress was deliberately obstructionist on every issue for a whole year. Weird. [Politix]

* Ever wonder how to make the transition from law school to journalist? Here’s one answer from across the pond. [Legal Cheek]

Join us at the Yale Club in New York City on March 14 for the inaugural ATL Attorney@Blog conference. Featuring opening remarks by the preeminent First Amendment lawyer Floyd Abrams of Cahill Gordon & Reindel, Attorney@Blog will be a first-of-its-kind convocation of the leading legal bloggers. Panelists will include Tim Wu of Columbia Law School, Karen Sloan of the National Law Journal, Kyle McEntee of Law School Transparency, Kevin O’Keefe of LexBlog, Vivia Chen of The Careerist, and many more.

In addition, the conference will provide space for attendees to network, socialize, and, of course, blog the proceedings. CLE credit will be available. See here for more details and tickets. Early bird pricing remains in effect until February 1st, and tickets are going fast, so be sure to get yours before it’s too late!

Attorney@Blog Panels:

Free Speech Online
Moderator: David Lat
This panel will discuss emerging free speech issues in addition to practical advice on how to avoid violating libel statutes and other related legal pitfalls.

The Trolls: Confronting (or Ignoring) Racism and Sexism
Moderator: Staci Zaretsky
This panel will explore the various strategies and best practices (along with their intellectual underpinnings) available to legal bloggers in managing the dark side of the internet: the “trolls” who engage in offensive and hateful (albeit protected) speech.

Blogs as Agents of Change
Moderator: Elie Mystal
This session will explore the degree to which blogs and bloggers are a by-product or prime mover behind the way in which the profession is being forced to challenge some of its basic assumptions.

Emerging Technical Trends & Best Practices
Moderator: Joe Patrice
This panel will explore the intersection of technology and the law. Topics to include the use of social media for business development as well as practical tips on content strategy, SEO, blogging platforms, and other topics.

Attorney@Blog Conference [Above the Law]

* Opera singer who can’t sing without farting sues for $2.5 million. She should try blaming it on the phantom. [Gawker]

* Speaking of Gawker, Elie has an article up about last night’s Grammy ceremony over at our new outpost in Gawkerville, the ATL Redline. [ATL Redline]

* Amazingly, adding Elie’s perspective wasn’t the worse thing to happen to Gawker this week: Quentin Tarantino has decided to sue them for publishing copies of his latest script, The Hateful Eight. [Grantland]

* Everyone’s favorite Harvard Law transcript forger cum insider trading defendant, Matthew Martoma, just can’t catch a break — the government is trying to get a couple of key defense experts tossed. [The Expert Institute]

* Should bloggers out pseudonymous commenters? No, because… free speech? Whatever, bloggers aren’t the government. [Ramblings on Appeal]

* The ABA’s Task Force on the Future of Legal Education thinks schools should cut costs and prepare students for legal careers. Welcome to the ATL Family! [Chronicle of Higher Education]

* It’s an old adage but it bears repeating: if you want to win a negotiation, be prepared to go to trial. [Katz Justice]

* An update on Stephen Glass, the plagiarizing fabricating (plagiarizing suggests it was at least true when the first person said it) journalist applying for admission to the California bar. Want to know what happened to his application? Click on….

double red triangle arrows Continue reading “Non-Sequiturs: 01.27.14″

The First Amendment’s wording remains the same, but the world of free speech online is constantly changing. Last week, the Ninth Circuit issued an important new opinion about the First Amendment protections applicable to bloggers.

If you’re interested in free speech, the First Amendment, or media law, you should attend Above the Law’s inaugural Attorney@Blog conference. One of the nation’s preeminent First Amendment litigators, Floyd Abrams of Cahill Gordon, will deliver opening remarks. And then I will moderate a panel on free speech online, featuring the following distinguished panelists:

The panel will discuss emerging free speech issues and offer practical advice on how to avoid legal pitfalls online. If you’re a media lawyer, a journalist, a blogger, or just someone interested in these topics, you should definitely attend.

For more information and for tickets to the conference, please click here. CLE credit will be available, and early bird pricing remains in effect until February 1. We look forward to seeing you on March 14.

Attorney@Blog Conference [Above the Law]

Kate Moss

* For the first time, a federal appeals court extended First Amendment protections reserved for trained journalists at traditional news entities to bloggers. Yippee, thanks Ninth Circuit! [L.A. Now / Los Angeles Times]

* If you want a Biglaw firm with a really generous 401(k) plan, look no further than Sullivan & Cromwell. It’s the most generous law firm plan in the country, with O’Melveny & Myers in second place. [BenefitsPro]

* A brain-dead patient in Texas is being used as an incubator because a state law requires hospitals to continue life support for pregnant women. Calling this the “cruelest pregnancy” is much too kind. [New York Times]

* Here are some depressing facts: not only are lawyers 3.6 times more likely to be depressed than non-lawyers, but they also rank in fourth place in terms of suicides per profession. Call someone if you need help. [CNN]

* Florida A&M must be absolutely thrilled that the ABA canceled the school’s show-cause hearing. It appears that the law school will be able to keep its accreditation, for now. [Tallahassee Democrat]

* If you’re a parent considering going to law school with a young child at home, congrats, because you must be rich to be toying with an idea like that. [Law Admissions Lowdown / U.S. News & World Report]

* Playboy is suing Harper’s Bazaar for using its pictures of Kate Moss without permission. The men’s mag wants $150K per picture posted on the luxury mag’s website — that’s one lavish lapin. [Independent]

Join us at the Yale Club in New York City on March 14 for the inaugural ATL Attorney@Blog conference. Featuring opening remarks by the preeminent First Amendment lawyer Floyd Abrams, Attorney@Blog will be a first-of-its-kind convocation of the leading legal bloggers. Panelists will include Tim Wu of Columbia Law School, Karen Sloan of the National Law Journal, Kyle McEntee of Law School Transparency, Kevin O’Keefe of LexBlog, Vivia Chen of The Careerist, and many more.

In addition, the conference will provide space for attendees to network, socialize, and, of course, blog the proceedings. CLE credit available! See here for more details and tickets. Early bird pricing in effect until February 1st.

Attorney@Blog Panels:

Free Speech Online
Moderator: David Lat
This panel will discuss emerging free speech issues in addition to practical advice on how to avoid violating libel statutes and other related legal pitfalls.

The Trolls: Confronting (or Ignoring) Racism and Sexism
Moderator: Staci Zaretsky
This panel will explore the various strategies and best practices (along with their intellectual underpinnings) available to legal bloggers in managing the dark side of the internet: the “trolls” who engage in offensive and hateful (albeit protected) speech.

Blogs as Agents of Change
Moderator: Elie Mystal
This session will explore the degree to which blogs and bloggers are a by-product or prime mover behind the way in which the profession is being forced to challenge some of its basic assumptions.

Emerging Technical Trends & Best Practices
Moderator: Joe Patrice
This panel will explore the intersection of technology and the law. Topics to include the use of social media for business development as well as practical tips on content strategy, SEO, blogging platforms, and other topics.

Attorney@Blog Conference [Above the Law]

“Do you want me to write an opinion and say there’s no free speech right to quietly converse on an issue of public importance?”

– Justice Anthony Kennedy, in oral arguments for McCullen v. Coakley

On Wednesday, the United States Supreme Court heard oral arguments in McCullen v. Coakley, a constitutional challenge to a Massachusetts law creating buffer zones, sometimes called “zones of exclusion,” around abortion clinics. The law at issue, Mass. Gen. Laws ch. 266 § 120E ½ (2007), provides in part as follows: “No person shall knowingly enter or remain on a public way or sidewalk adjacent to a reproductive health care facility within a radius of 35 feet of any portion of an entrance, exit or driveway of a reproductive health care facility.” Eleanor McCullen, one of the challengers of the law, is a 76-year-old grandmother who in the past has stood on public sidewalks near abortion clinics in order to initiate one-on-one, non-confrontational conversations with women seeking abortions. The petitioners claim that, over the years, hundreds of women have accepted offers of help from McCullen and the other petitioners. They argue that the new law violates their right to free speech.

The First Circuit opinion below characterizes the plaintiffs’ appeal as advancing “a salmagundi of arguments, old and new, some of which are couched in a creative recalibration of First Amendment principles.” That opinion finds that “[t]he Massachusetts statute at issue here is a content-neutral, narrowly tailored time-place-manner regulation that protects the rights of prospective patients and clinic employees without offending the First Amendment rights of others.”

Unfortunately, the First Circuit is wrong about each of those points. Even more unfortunately, this law does the exact opposite of what most of us would hope . . . .

double red triangle arrows Continue reading “An Intimate Conversation From 35 Feet: A Misguided Abortion Clinic Buffer Zone Law”

University of Denver law professor Nancy Leong continues her quest to make the internet safe for female law professors who engage in questionable scholarship. When last we heard from Leong, she was getting called out by Paul Campos for “research” that involved putting up white versus Asian profiles on Ashley Madison.

But Leong is better known for her ongoing dispute with online commenter “dybbuk.” Dybbuk made a number of nasty, racist, and sexist comments about Leong. Leong says that the comments have made her fear for her safety. She’s figured out who Dybbuk really is and is now asking his state bar to launch an ethics inquiry into his online behavior.

If you don’t like people trying to make your life awful, you shouldn’t talk on the internet. I think that rule applies equally to Leong and Dybbuk…

double red triangle arrows Continue reading “Should Nasty Commenting Trigger An Ethics Probe?”

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