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May 19, 2016

Internet Archive Captures Admissible as Evidence, Court Holds

A federal judge in Kansas has held that images from web pages captured by the Internet Archive are admissible as evidence in a trademark infringement case.

May 12, 2016

Alabama Criminal Libel Revival on Governor's Desk

A bill to revive Alabama's criminal defamation statute after it was held unconstitutional 15 years ago is awaiting action by Governor Robert J. Bentley after passing the state legislature last week.

Apr 27, 2016

Alabama Continues Quixotic Quest

As reported by the Decatur Daily, a bill to revive Alabama's criminal defamation law has passed the state Senate after it was amended to clarify that criminal libel could not be used against statements regarding elected officials or candidates for elected office.

Apr 25, 2016

Quoted by the AP. And Herman Cain.

I've been quoted by the Associated Press in a story about a bill pending in California that would allows judges to fine jurors who use social media or the internet improperly during trials. And 2012 presidential candidate Herman Cain pulled my quote from the AP for his daily news update (halfway down the page).

Apr 22, 2016

Hail, Columbia!

I am pleased to announce that in the fall I will be joining the faculty at the University of South Carolina's School of Journalism and Mass Communication, where I will be teaching media law.

Apr 18, 2016

Alabama Bills Would Revive Criminal Libel Law

Two bills (HB529 and SB404) prefiled in the Alabama legislature before the start of its current regular session would revive the state's criminal defamation statute, 15 years after the Alabama Supreme Court held that law unconstitutional.

Apr 14, 2016

Strengthened "Right to Be Forgotten" Is Now Permanent in E.U., and Will Likely Affect U.S.

Passage of a new General Data Protection Regulation by the Parliament of the European Union means that "the right to be forgotten," created in a 2014 decision by the European Court of Justice, is now a permanent part of EU law. And the new regulation includes specific language to apply to any website in the world that includes or handles data from EU residents, including those based in the United States.

Apr 8, 2016

Courts' Cell Phone Ban Gets Worse for the Non-Elite

In 2012 I wrote about state courthouses in Cook County, Illinois (metro Chicago) selectively banning cell phones from their facilities. Now the court administrators have made a bad situation worse by removing the lockers that allowed court visitors to store their phones while in the building.

Mar 20, 2016

Fed Courts Find Few Harms From Cameras, Ban Them Anyway

An evaluation (which, tellingly, is not online) of the federal courts' recently concluded test of allowing cameras to record some proceedings in selected courtrooms found that a majority of judges and lawyers surveyed agreed that the positive impact of the cameras outweighed the negative, according to Law 360 (sub. req'd).

But the Federal Judicial Center, which sets policy for the federal courts, still announced Tuesday (Mar. 16) that it would not recommend any changes to the general policy that still and video cameras are banned from most federal courtrooms.