Barclays v TheFlyOnTheWall.com

EFF the Citizen Media Law Project (CMLP) and Public Citizen have urged the U.S. Court of Appeals for the Second Circuit to consider the critical First Amendment questions at issue in a case asserting "hot news misappropriation" -- a doctrine that a federal court used to put time limit restrictions on the reporting of facts.

The defendant in the case TheFlyOnTheWall.com had gathered stock recommendations from investment banking firms like Merrill Lynch Morgan Stanley and Lehman Brothers and reported them on its website. The firms sued TheFlyOnTheWall.com claiming that the information was "hot news" and the website was free-riding on the firms' work in creating the recommendations. A federal court agreed with the investment banks and ordered TheFlyOnTheWall.com to delay reporting of the information for two hours after the reports are released.

Applying heightened First Amendment scrutiny is especially important now as the Internet is increasingly allowing Americans to publicly gather share and comment on the news of the day. Misuse of the "hot news" doctrine could stifle this extraordinary growth of free expression.

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

We're at #LISA16 this week! Come say hi at our member table in the expo hall Wednesday and Thursday. https://eff.org/event/eff-use...

Dec 6 @ 2:58pm

Ojos que no parpadean: El estado de la vigilancia en América Latina #IGF2016 https://www.eff.org/es/deepli...

Dec 6 @ 2:11pm

Librarians are among the first lines of defense when it comes to protecting privacy and freedom of expression. https://www.eff.org/deeplinks...

Dec 6 @ 2:01pm
JavaScript license information