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~ Archive for First Amendment ~

Men entertainment companies and the freedom of speech/the press


It is interesting that the fight for freedom, esp. for speech and the press, is fought by people and companies that you would not call mainstream. Larry Flint is famous (Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988)).

Playboy is not known for the freedom of speech, but mainly for aggressive copyright enforcement (some wins – Playboy Enterprises, Inc. v. Frena, 839 F.Supp. 1552 (1993), some losses –  Playboy Enterprises, Inc. v. Welles, 60 F. Supp. 2d 1050)

Now we have another nice situation – White House suspended Brian Karem’s pass based on some altercation, Playboy is appealing. Let’s see whether it reaches SCOTUS.

Keep tuned.


Julian Assange and First Amendment


Julian Assange was arrested by the UK authorities and was charged with hacking (!) by helping Chelsea Manning who is in jail for contempt for refusing to testify.

This case has very strong First Amendment implications. The leaker and the publisher. Who is liable? Will it have a chilling effect?

This has also strong European Convention on Human Rights (the Convention for the Protection of Human Rights and Fundamental Freedoms) implications. Julian Assange was accused by politicians of capital crimes, and the UK cannot extradite anybody under those circumstances (see Soering v United Kingdom 161 Eur. Ct. H.R.).

Or are they afraid the Mueller report would get leaked (oh, trust me, if Barr misrepresents, what is clearly doing now, someone will leak eventually leak it)?


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