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commercial speech

Food industry wants free speech protection for false health claims

donal brown December 9, 2010

Food companies are now saying the First Amendment shields them from regulation when making false health claims about their products. -db The Atlantic Commentary December 8, 2010 By Marion Nestle Food companies insist that they can make health claims for their products, whether backed by science or not, because commercial speech is protected by the First Amendment. The First Amendment, in case you have forgotten, says: Congress shall make no law respecting an establishment of

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Arizona: Questions arise over city liability for employees’ online posts

donal brown October 14, 2010

Police employees in Surprise, Arizona are asking the city to stop other police officers from posting anonymous comments on private websites that they say are potentially defamatory. -db The Arizona Republic October 9, 2010 By D.S. Woodfill and Lisa Halverstadt A controversy brewing in Surprise is raising questions about a city’s liability when its employees post potentially defamatory comments online about other workers. Three police employees, including the department’s top-ranked woman, said the city should

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Ninth circuit weighs in on internet anonymity, consumer griping at risk

FAC July 20, 2010

The Ninth Circuit Court of Appeals issued a decision last Monday in Inre:Anonymous Online Speakers, a case that could be influential for future courts decisions on whether to order the identification of anonymous or pseudonymous Internet speakers. Citizen Media Law Project July 20, 2010 By Citizen Media Law Project Staff The Ninth Circuit Court of Appeals issued a decision last Monday in Inre: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010), a case that could

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State high court narrows ‘commercial speech’ to uphold free speech rights on published notice for class action suit

donal brown May 20, 2010

A California Supreme Court decision, in a case over the posting of an appeal for clients in a class action lawsuit, is expected to reaffirm the state’s anti-SLAPP law in protecting free speech in commercial settings. -db Davis Wright Tremaine LLP May 18, 2010 By Thomas R. Burke and Rochelle L. Wilcox The California Supreme Court issued its decision in Simpson Strong-Tie Co. v. Gore on May 17, 2010, narrowly construing the so-called “commercial speech”

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First Amendment: Employment screener may pass on info from database of sex offenders

donal brown March 29, 2010

A California appeals court ruled that, under the First Amendment, an employment-screening service could access the state’s database of registered sex offenders and pass that information on to its clients. The law establishing the website prohibits the use of the posted information for purposes related to employment. -db Metropolitan News-Enterprise March 25, 2010 By Sherri M. Okamoto An employment-screening business may provide information garnered from California’s online database of registered sex offenders to its clients,

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