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On Friday, the Supreme Court of Texas issued a 5-4 decision holding a plaintiff needs to establish jurisdiction over an anonymous blogger before a court will allow pre-suit discovery that would likely unmask the blogger’s identity. Both the majority and dissenting opinions in In re John Doe a/k/a The Trooper are available here. It will certainly … Continue Reading
The Supreme Court of Texas Rules Injunctions for Defamation Not Proper and Requires Proof of Damages
On Friday, the Supreme Court of Texas issued two important defamation rulings. The first, Kinney v. Barnes, held that injunctions to prohibit defamatory speech do not pass constitutional muster. The second, Burbage v. Burbage Funeral Home, raises the bar on the recovery of compensatory damages.
Injunctions preventing speech are an unconstitutional prior restraint
In Kinney, the plaintiff sought a … Continue Reading
I wrote an article for the Bloomberg BNA Social Media Law & Policy Report entitled “How to Enforce Terms of Service for Online Social Media Promotions and Contests.” We tried to squeeze in a few more keywords. The full article is available at the link below.
Bloomberg BNA Social Media Law & Policy Report – WorkSite … Continue Reading
Originally published last year, but worth revisiting
As the summer arrives in full force, I am watching a lot of my start-up friends take advantage of the unpaid internship to help with some needed coding, design or marketing projects they haven’t gotten to. These kids are smart, hungry, can use the experience and wouldn’t it … Continue Reading
I was a recent guest on the Content Marketing Podcast with Resonance Content Marketing’s Rachel Parker. It is always entertaining and refreshing to visit with the people in the trenches and find out what is on their mind. We covered privacy, intellectual property, employee relations, and much more. You should listen to the whole thing, … Continue Reading
Last time, we looked at whether the media can use images from social media sites applying fair use to several typical situations. Today, we look at the specific terms of service of various popular sites to see if some make it easier than others for the media to use images.
Plain English: Each user allows Facebook, … Continue Reading
The answer is one that frustrates people the most — it depends. In most circumstances, you run the risk of violating the copyright of the person who took the picture, so the best practice is to seek permission first (more on that in part 3). But, let’s assume you can’t get permission — after all, … Continue Reading
I think Scottie Pippen is one of the most overrated players in the history of the NBA. My opinion may be soured because I am a Houston Rockets fan and the experiment with him, Olajuwon and Charles Barkley did not end well.
Of course, that’s just my opinion. What if, however, I reported, as fact, Scottie … Continue Reading
While the second special session is winding down (thank goodness), we will take a look at a couple more new laws impacting online media and technology in Texas. While most of the attention was on social media password protections, service via social media and online “compelled prostitution” legislation, two additional bills made it through to … Continue Reading
I have not posted in some time because I enjoyed some traveling with the family in Hungary. Some of my cousins – by marriage – are lawyers in Budapest. They mainly peppered me with questions about the NSA and our take on privacy. I can’t repeat the compelling soliloquy I made for all Americans after … Continue Reading