Welcome to the website of the Digital Media Law Project. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness.
Fighting for the First Amendment can often mean confronting and defending vile, caustic, hurtful, and downright disgusting speech. But not all free speech cases address the words of the most hateful or offensive amongst us. Every once in a while you get a case concerning speech at its most fun and playful.
As we mentioned already, the conventions are creatures of chaos. Thousands of journalists and even more demonstrators will descend upon these cities. These crowds are typically met with an overwhelming police presence, and the clashes between protesters and the police typically result in numerous arrests. Avoiding police detention as a journalist is often a challenge, as a large tangle of laws regulates crowd behavior, and police often enforce these complex laws with sweep arrests of whole crowds.
Many experienced journalists are not strangers to such tough situations, but the nature of the conventions as "national special security events" presents special concerns, especially around the norms journalists establish with local law enforcement. The Secret Service takes the lead during these national security events, and the normal journalist–police relationships that allow journalists to report from over police lines are likely to be jettisoned in favor of a strict enforcement of the law.
This July, Verizon Communications and MetroPCS Communications filed a brief in the U.S. Court of Appeals for the D.C. Circuit, arguing that the Federal Communications Commission (FCC) lacks the authority to enact net neutrality rules and that these neutrality rules are unconstitutional under the First and Fifth Amendments. Now, debate over the FCC's approach to net neutrality is not a recent development.
When hearing the expression “lèse majesté,” images of the Queen of Hearts ordering heads to be chopped off ASAP may come to mind. Marie-Antoinette, the queen who was once a “majesté” in France, herself lost her head during the French Revolution. Surely, the crime of lèse majesté is now a thing of the past?
There has always been an active debate about whether the First
Amendment affords government outsiders (like the media) any protection
when they disseminate classified national security information without
In the fourteen years that I practiced as a media defense lawyer before joining the Berkman Center, there was one sentence from one Supreme Court opinion that I learned to loathe above all others. It appears in Gertz v. Robert Welch, Inc., 418 U.S.
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