"This Court should recognize that the hot news doctrine implicates core First Amendment principles: an injunction issued under the hot news doctrine plainly contemplates restricting publication of newsworthy facts," wrote the EFF in its own amicus brief. "Applying heightened First Amendment scrutiny in hot news cases, particularly in the online context, will help ensure that the doctrine serves that purpose. It should not be used to stifle common journalistic practices and new forms of commentary, curation, and information sharing online."

Tuesday, June 22, 2010
ars technica

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