The United States vs. Hansen Decision Is Not “Encouraging” for Speech Rights
The U.S. Supreme Court's recent ruling in United States v. Hansen upholds a law that makes it a crime to “encourage” a person to remain in the country without authorization. The Court had two choices in this case: instruct Congress and all legislatures to use the words they actually...
Supreme Court Sends Bad Spaniels Back to Obedience School, Leaves Rogers Test Mostly Intact
The question of when you can use a trademark is one we see all the time—and one that is often misunderstood. Many of the world’s largest and most powerful companies are fanatical about their trademarks. But that means the public is often in the dark about how their First...
Federal Judge Makes History in Holding That Border Searches of Cell Phones Require a Warrant
With United States v. Smith (S.D.N.Y. May 11, 2023), a district court judge in New York made history by being the first court to rule that a warrant is required for a cell phone search at the border, “absent exigent circumstances” (although other district courts have wanted...
States Should Not Skirt Federal Rules on Fiber Infrastructure
In SAS v. WPL, the Federal Circuit Finally Gets Something Right on Computer Copyright
Fourth Circuit: Individuals Have a First Amendment Right to Livestream Their Own Traffic Stops
In a partial victory for police accountability, the U.S. Court of Appeals for the Fourth Circuit held that the First Amendment protects a passenger who livestreams the traffic stop of the car he is traveling in. EFF filed an amicus brief in Sharpe v. Winterville in 2021 in...
Beware the Gifts of Dragons: How D&D’s Open Gaming License May Have Become a Trap for Creators
First Court in California Suppresses Evidence from Overbroad Geofence Warrant
A California trial court has held a geofence warrant issued to the San Francisco Police Department violated the Fourth Amendment and California’s landmark electronic communications privacy law, CalECPA. The court suppressed evidence stemming from the warrant, becoming the first court in California to do so. EFF filed an...
Google Loses Appeal Against EU's Record Antitrust Fine, But Will Big Tech Ever Change?
The EU continues to crack down on big tech companies with its full arsenal of antitrust rules. This month, Google lost its appeal against a record fine, now slightly trimmed to €4.13 billion, for abusing its dominant position through the tactics it used to keep traffic on Android devices...
Impact Litigation in Action: Building the Caselaw Behind a Win for Free Speech
A recent District Court decision in In re DMCA 512(h) Subpoena to Twitter, Inc. is a great win for free speech. The Court firmly rejected the argument that copyright law creates a shortcut around the First Amendment’s protections for anonymous critics. In the case, a company tried to...
