Free Speech

Ed. note: Please welcome Jenny M. Brandt, who will cover celebrities and the law. You can read her full bio at the end of this post.

Dax Shepard somewhat recently wrote in the Huffington Post of his support of the legislation signed into law in September aimed at curbing paparazzi from aggressively photographing children. Interesting. How could such a law comport with the First Amendment? Though there are several more paparazzi regulations that an organization called the Paparazzi Reform Initiative seek to enact, SB 606 is noteworthy because it was signed into law and because Jennifer Garner and Halle Berry were public supporters — they even testified before California’s Assembly Judiciary Committee in support of the bill.

Although it was previously illegal for a person to intentionally harass a child because of his parent’s employment (really? weird), SB 606 made it so that actually photographing or attempting to photograph a minor without his parent’s consent in a way that “seriously alarms, annoys, torments, or terrorizes” is harassment and punishable in the county jail for up to one year. The new language essentially specifies that if the conduct that seriously alarms the child is photographing him, then it is illegal, thereby implicating the First Amendment….

double red triangle arrows Continue reading “Anti-Paparazzi Law Effectively Meaningless”

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.

Attorney@Blog Conference [Above the Law]

Then 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. The conference includes lunch and CLE credits (including coveted ethics credits). We hope to see you on March 14!

Attorney@Blog Conference [Above the Law]


This seems a better way to go than a hunger strike.

* O.J. Simpson is pursuing a hunger strike because he’s looking to die. If only he knew who the real killers were, they could help him out. [Radar Online]

* Dean I. Richard Gershon of Ole Miss Law thinks Elie is just wrong. [Law Deans on Legal Education Blog]

* In continuing Seventh Circuit benchslappiness, Judge Richard Posner got feisty with an attorney for Notre Dame who kept interrupting him. If this lawyer keeps it up, Posner’s going to treat his client like Alabama did a year ago. [Chicago Tribune]

* Comcast wants to buy Time Warner, pending DOJ approval. The DOJ wants to talk to Comcast, but they’re only available to talk between 10 and 10:15 on alternating Wednesdays. [ATL Redline]

* California and New Jersey have banned gay conversion therapy programs. Is that the best way to combat these schemes? [New York Times]

* A look at getting started as an entrepreneur. See, there’s hope after bailing on practicing law. [Big Law Rebel]

* Daria Roithmayr of USC Law thinks The Triple Package (affiliate link), the new book by Yale’s Amy Chua and Jed Rubenfeld, doesn’t hold water. I mean, since when are we holding academics to writing “scholarship” as opposed to “controversy bait”? Professors need to eat, after all. [Slate]

* A cop who got in trouble for bashing Obama online thought he was protected by the First Amendment. The court disagreed. [IT-Lex]

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]

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