Tag
Privacy

Are Political Robocalls Protected Under the First Amendment?

Regulating robocalls based on the content of their messaging presents a more severe threat to First Amendment freedoms than regulating their time, place, and manner," the United States Court of Appeals for the Ninth Circuit ruled in a case involving Montana's robocall laws.

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New York State Bar Association

New York Fair Trial Free Press Conference

Every year, the New York State Bar Association (NYSBA) convenes a panel of journalists, judges, and lawyers to discuss a […]

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Knight First Amendment Institute: Supreme Court Strengthens Digital-Era Privacy Rights and First Amendment Freedoms in Carpenter Decision

Reprinted with Permission From Knight First Amendment Institute at Columbia University In a landmark decision for the freedoms of speech […]

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In A Blow to Women and Minorities Seeking Pay Parity, Judge Rules Philadelphia Cannot Ban Salary History Inquiry Under First Amendment

The Chamber of Commerce of Greater Philadelphia brought a lawsuit against Philadephia for an ordinance that banned employers from inquiring about a job-seeker’s salary history, stating that it was 'bad for business.' The ordinance has two parts - "it prohibits an employer from inquiring about a prospective employee’s wage history (“the Inquiry Provision”); and second, it makes it illegal for an employer to rely on wage history “at any stage in the employment process” to determine a salary for an employee (“the Reliance Provision”)." Philadelphia approved the ordinance in January to take effect this May. However, U.S. District Judge Mitchell S. Goldberg of the Eastern District of Pennsylvania ruled that the "inquiry provision" specifically violated the First Amendment's free speech clause. “Although the ordinance represents a significant positive attempt to address the wage gap, the First Amendment compels me to enjoin implementation of the inquiry provision." Will this chill efforts in other states and cities that have been passing similar ordinances?

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Privacy: Newsworthiness is a Strong Defense

Privacy (Embarrassing Private Facts) Disclosure of private facts about an individual, according to the Restatement (Second) of Torts, can give […]

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