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First Amendment Law Letter Archives

Fall 1998-Fall 2009
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The First Amendment Law Letter, published by Davis Wright Tremaine's media group in the communications, media and information technologies department, provides insights into recent First Amendment cases.


Fall 2009 Issue

  • Key Ruling in California Misappropriation Case
  • MySpace Not Private? California Court of Appeal Says Yes
  • Maine Restricts Marketing to Minors
  • Yahoo! Decision on Section 230 Modified

Read the Fall 2009 First Amendment Law Letter (PDF)


Winter 2008 Issue

  • Federal Court Grand Jury Subpoena to Protect Privacy of Reading Choices
  • SLAPP Motions in Federal Court -- Is Immediate Appellate Review Still the Order of the Day?
  • California’s "Dead Celebrities" Bill: Or, How the Terminator Has Protected America From the Specter of Unauthorized Marilyn Monroe T-Shirts

Read the Winter 2008 First Amendment Law Letter (PDF)


Winter 2007 Issue

  • Supreme Court Sours on Discovery Rule but 9th Circuit Doesn't Flinch
  • Idea Theft After Grosso - The Proliferation of Expensive And Burdensome Lawsuits
  • The Relevance of Bad Faith to Fair Use Analysis

Read the Winter 2007 First Amendment Law Letter (PDF)


 Fall 2007 Issue

  • FCC Indecency Saga Continues: The Courts and Congress Take Up Where the FCC Left Off
  • The Uncertain Future of Section 230 and Liability For Mixed-Content Websites
  • Staying Anchored to DMCA Safe Harbors in Turbulent Times

Read the Fall 2007 First Amendment Law Letter (PDF)


 Fall 2006 Issue

  • Internet Radio—The Basics of Music Royalty Obligations
  • California Supreme Court Expands Reach of State’s Wiretapping Service
  • Free Speech has ”Friends” at California

Read the Fall 2006 First Amendment Law Letter (PDF)


Fall 2005 Issue

  • California Code of Civil Procedure § 425.17(c): A New Restriction on Anti-SLAPP Motions
  • Battle to Maintain Public and Press Access to Divorce Courts
  • California Legislature Amends Anti-SLAPP Statute Again

Read the Fall 2005 First Amendment Law Letter (PDF)


Spring 2005 Issue

  • Favish Decision Increases Risk for Publication of Death Scene Images
  • Court TV Challenges the Constitutionality of New York's Ban on Televising Trials

Read the Spring 2005 First Amendment Law Letter (PDF)


Fall 2004 Issue

  • Indecent Proposals: Why Most Recent FCC Indecency Crackdown Risks Crossing Center Line into Oncoming First Amendment Showdown
  • Does California Need More Sunshine? A Brief Polemic In Favor Of California's Proposed Constitutional Sunshine Amendment

Read the Fall 2004 First Amendment Law Letter (PDF)


Spring 2004 Issue

  • When Do 'Experience and Logic' Matter Under the First Amendment? Federal Government Challenges Traditional Public Disclosure Principles in War on Terror
  • HIPAA and Newsgathering: Basic Tips for Reporters and Editors
  • Cable Networks and the FCC's Political Broadcasting Rules: Time for Clarification

 Read the Spring 2004 First Amendment Law Letter (PDF)


Winter 2003 Issue

  • Kid Gloves: Interviewing and Reporting on Minors
  • California Supreme Court Affirms Expansive Reading of Anti-SLAPP Statute

Read the Winter 2003 First Amendment Law Letter (PDF)


Winter 2002 Issue

  • Media Access to the New Special Tribunals: Lessons Learned from History and the Military
  • Notice Requirements Help Journalists Facing Abusive Subpoenas
  • Think Twice Before Removing California SLAPP Cases to Federal Court

Read the Winter 2002 First Amendment Law Letter (PDF)


Summer 2002 Issue

  • California’s "Creeping Commercial Speech": Kasky Decision Attacks Business Participation in Public Debates 
  • Navigating The Web of Rules Governing Internet Advertising 
  • Celebrities Testing Limits of California’s Right of Publicity Laws 
  • Actual Malice and the Commercial Speech Doctrine

Read the Summer 2002 First Amendment Law Letter (PDF)


Winter 2000 Issue

  • Technology Shapes 21st Century Newsgathering: Reflections from the Last Millennium and Its Last Month
  • Cybersquatting or Cyberspeech? First Amendment Issues in the New Anticybersquatting Act

Read the Winter 2000 First Amendment Law Letter (PDF)


Summer 2000 Issue

  • Anonymity and the First Amendment: New Wrinkles in the Tension Between Anonymity and Accountability
  • Busted! What to Do When Journalists Are Arrested on the Job
  • ICANN Uniform Domain-Name Dispute-Resolution Policy

Read the Summer 2000 First Amendment Law Letter (PDF)


Fall 1998 Issue

  • It's a Small World After All: Emerging Protections for the U.S. Media Sued in England

 Read the Fall 1998 First Amendment Law Letter (PDF)

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