Government Censorship By Proxy?

Last week, I wrote about an unsuccessful challenge to the activities of the Office of Elections Cybersecurity within the California Secretary of State's office: Is The California Secretary of State Monitoring What You Publish Online?  In that case, ...

Federal Judge Enjoins Physician Gag Law

Last year, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098), See California Legislates Covid-19...

Judge Slaughter Refuses To Enjoin Physician Gag Statute

Last year, the California legislature enacted statutory changes ostensibly to limit the spread of misinformation and disinformation about COVID-19 by licensed physicians.  2022 Cal. Stats. ch. 938 (AB 2098), See California Legislates Covid-19...

Is A Racial Or Ethnic Group A "Person"?

Yesterday's post concerned the U.S. Supreme Court's holding in Matal v. Tam, 2017 U.S. LEXIS 3872 (June 19, 2017) that the "disparagement clause" of the Lanham Act violates the Free Speech Clause of the First Amendment.  As far as most legal...

Incorporating Under A Disparaging Name

In Matal v. Tam, 2017 U.S. LEXIS 3872 (June 19, 2017), the U.S. Supreme Court found the "disparagement clause" of the Lanham Act violates the Free Speech Clause of the First Amendment.  The "disparagement clause" prohibits the registration of...

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