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Jul 2022

The Right to Record: Same Circuit, Favorable Facts, Different Result

The Tenth Circuit is the first even-numbered jurisdiction to join the consensus of authority on the right to record police in public despite, less than a year before, having refused to reach that conclusion in another case.

Jun 2022

Ten Questions to a Media Lawyer: Randy Shapiro

Bloomberg Global Newsroom Counsel and MLRC Board Chair on career, books, advice for law firm lawyers courting media clients, and those trying to break in to the business.

Jun 2022

Eighth Circuit: Arkansas State Contractors Must Sign “No Israel Boycott” Certifications

The court found that, when narrowed by canons of construction and legislative history, the law does not reach normally protected expressive conduct that often comes with boycotts.

Jun 2022

Supreme Court Forecloses Bivens Remedies for First Amendment Retaliation Claims and Drastically Narrows Fourth Amendment Scope

The Court slammed the door shut on Bivens remedies for First Amendment retaliation claims, completely foreclosing authorization of monetary damages for such constitutional violations by federal officers.

Jun 2022

Court Allows Twitter Account Suspension Action to Partially Proceed Past Dismissal Stage

Twitter had moved to dismiss the complaint under Section 230.

Jun 2022

Eleventh Circuit Weighs in on First Amendment Rights of Online Platforms, as Parallel Case in Fifth Circuit Takes Swift Detour to Supreme Court

May 2022 was a dramatic month for cases heard by the Fifth and Eleventh Circuits raising First Amendment challenges to state laws that purport to regulate social media sites.

Jun 2022

Second Circuit Holds that Facebook Is Not a State Actor Based on Content Removal

The Second Circuit affirmed that Facebook did not violate plaintiff’s Constitutional rights to free speech and due process by allegedly deleting and blocking his Facebook posts.

Jun 2022

Roy Moore Defamation Claim Over Political Ad Headed to Trial

The trial will mark the second defamation trial in Alabama in the last six months related to allegations of sexual impropriety which arose during Moore’s 2017 campaign for the United States Senate seat vacated by Jeff Sessions.

Jun 2022

How Virginia Law Paved The Way for Depp v. Heard

In the wake of the recent trial and verdict in favor of Johnny Depp in Virginia's Fairfax County Circuit Court, many are asking what led to this outcome. Holland & Knight litigators share three factors that led to this result.

Jun 2022

A New World of Intangible Property: NFTs and IP Rights

An exploration of some of the potential intellectual property challenges, strategies, and controversies that may arise around NFTs.