First Amendment News

An artist who admits using an AP photo of Barack Obama as the basis for his “Obama Hope” poster used in the campaign claims that his depiction of Obama was radically different from the photo and should be allowed under the “fair use doctrine”. -DB Stanford News Service Feb.12, 2009 The artist who created one of the best-known images from Barack Obama’s presidential campaign is suing The Associated Press with the help of the Fair

The leading advocate for the scholastic free press says in a guest column in the Des Moines Register that students around the country are being routinely punished, even suspended or worse, for expressing controversial ideas or making statements critical of school administrators or school policies. The promise of the Supreme Court’s landmark decision, Tinker v. Des Moines, in affirming students’ Constitutional right to free speech has not been realized. -DB Des Moines Register By Frank

A federal judge ruled that John McCain can be sued for his Ohio campaign’s use of a Jackson Browne song in a Web video. Browne objected to his involuntary endorsement of McCain’s campaign. McCain’s campaign was disappointed that the judge failed to dismiss the suit, saying that the use of the song was protected speech under California’s anti-SLAPP stature. -DB The Washington Post Feb. 23, 2009 By Mary Ann Akers WASHINGTON, D.C. – Sen. John

The Supreme Court ruled 6-3 that Idaho’s law banning union payroll deductions, even voluntary ones, for political activities does not deprive the unions of their First Amendment rights. Writing in dissent two justices said the law was clearly designed to curtail the political speech of unions. -DB Minneapolis Star Tribune By Jesse J. Holland Feb. 20, 2009 WASHINGTON, D.C. – The Supreme Court on Tuesday upheld an Idaho law that bans cities, counties and school

The battle for transparency in federal government activities continues during the Obama administration as Fox News is successful in getting a federal court to order the Treasury Department to release records on the bailout. -DB The Baltimore Sun By Nedra Pickler Feb. 20, 2009 WASHINGTON, D.C. – A federal judge has ordered the Treasury Department to give the Fox Business Network records about how the agency spent billions in bailout money. The network filed requests