Barclays v

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 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 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 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

The Patriot Act turned 15 this week, but we celebrated by serving up facts about the spying law instead of cake.

Oct 27 @ 5:12pm

“We need legislative debate” on Rule 41 changes, EFF staff attorney @agcrocker says at @StanfordCIS event on government hacking.

Oct 27 @ 4:29pm

Open access must become the default in academic publishing, and we need global reforms to get there. #StandWithDiego

Oct 27 @ 4:09pm
JavaScript license information