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protected speech

Southern California: Appeals court rules against student for Web site hate speech

donal brown March 18, 2010

A California private school student lost an appeal of a decision against him for death threats he sent to a classmate on the classmate’s Web site. The court said the speech was not protected under the First Amendment since it conveyed serious expression to inflict bodily harm. -db Courthouse News Service March 17, 2010 By Avery Fellow (CN) – A California private-school student who posted death threats on a classmate’s Web site isn’t shielded from hate-crime

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First Amendment: Federal court allows Nevada to ban brothel ads

donal brown March 15, 2010

A federal appeals court ruled that the state of Nevada could regulate brothel ads under the First Amendment owing to the unique social and legal characteristics of prostitution. -db Courthouse News Service March 10, 2010 By Elizabeth Banicki (CN) – Legal brothels in Nevada cannot publicly advertise under the protection of the First Amendment because prostitution is a “vice” with unique social and legal characteristics that must be regulated by the state, the 9th Circuit

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Michael Jackson’s dermatologist fights anti-SLAPP to sustain defamation suit against plastic surgeon

donal brown February 3, 2010

Michael Jackson’s dermatologist is fighting an anti-SLAPP motion to keep his lawsuit going against a plastic surgeon he says defamed him for suggesting that he was instrumental in providing the medication that killed the singer. -db The Los Angeles Wave February 2, 2010 By Wire Services A dermatologist who alleges a plastic surgeon defamed him by publicly implying that he had a hand in the late Michael Jackson’s death is rebutting an attempt to have

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Courts consider distinction between hyperbole and real threat

donal brown November 30, 2009

This week two courts will hear arguments on whether particular threats should be considered the protected speech of hyperbolic rhetoric or taken as real threats. -DB First Amendment Law Prof Blog November 24, 2009 By Kathleen Bergin Upcoming trials test the boundary between ‘true threats’ and hyperbolic on-line speech The trial of Hal Turner is scheduled to begin on December 1 in Brooklyn, NY. He’s the man accused of making threats on his website against

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Court hears arguments against government penalization of false statements

donal brown November 5, 2009

A federal court of appeals heard arguments this week on whether the government can impose criminal penalties on a man for falsely claiming he served in the military and earned the Congressional Medal of Honor. The man was convicted of violating the Stolen Valor Act which prohibits lying about military service. -DB Metropolitan News-Enterprise November 5, 2009 By Kenneth Ofgang A federal act making it a crime to falsely claim that one holds the Congressional

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