Jake Wunsch
Journalists may face less risk for commonplace investigative computer reporting techniques thanks to a recent ruling from the U.S. Supreme Court.
SCOTUS Ruling on Computer Fraud and Abuse Act May Help Investigative Journalists
Journalists may face less risk for commonplace investigative computer reporting techniques thanks to a recent ruling from the U.S. Supreme Court.
The Pentagon Papers 50 Years Later
Fifty years has not definitively resolved the impact and import of the Pentagon Papers case. Was it a monumental victory for the press? Was it a loss, since for the first time the courts imposed a prior restraint on a newspaper? Or was it an inconsequential one-off, since it hasn’t been a precedent for many…
Die Hard: Will Constitutional Roadblocks and a Lack of Consensus Stall Section 230 Reform?
This article reviews the background and evolution of Section 230, explains proposals to reform or eliminate it, and evaluates some First Amendment implications of those proposals.
Managing Compliance with the Growing Patchwork of State Privacy Laws
The purpose of this article is to compare and contrast the major U.S. privacy laws, identifying areas of overlap as well as areas where compliance will require state-specific analysis, disclosures and policies
Social Media Blocking by Government Officials: Where Does the Law Stand?
A look at how caselaw has developed since the Knight Institute filed the 2017 complaint against president Trump, and what factors courts consider in challenges to social media blocking by public officials.
Going Big, One Problem at a Time: Europe’s Regulation of Digital Services and Markets Gathers Pace
The EU is determined to evolve into a self-aware, digitally sovereign bloc that sets the rules by which global technology companies have to operate. However, it is still struggling to make sharp choices between conflicting objectives, such as between privacy and competition, or between consumer protection and the promotion of innovation.
The Oversight Board at 6 Months: Will Facebook Rue the Day?
The Oversight Board is like Damocles, working just beneath the double-edged sword of free expression on one side, and other human rights prerogatives on the other. It’s not an easy or enviable task.
Connecticut Court Upholds Fair Report Privilege and Anti-SLAPP Law
Two recent Connecticut Appellate Court decisions based on The Hartford Courant’s reporting on a local lawyer’s professional sanctions affirmed the strength of the fair report privilege as a defense to a defamation claim under Connecticut law and also represented the first appellate case decided under the state’s relatively new Anti-SLAPP law.
Roy Moore Allowed to Proceed to Discovery on Defamation Claim Against PAC
Judge Maze set the table for what remains of GOP Senate candidate Roy Moore’s two defamation suits—one against political action committees that ran ads against Moore’s candidacy in Alabama’s 2017 special election, and one against the Washington Examiner and several of its editors and columnists—for calling Moore a “pedophile” and a “child molester.”
Chart-Topping, Grammy-Nominated Music Producer Not a “Public Figure”
Unless New York’s recently amended anti-SLAPP statute applies, the ruling clears a pathway for Dr. Luke to prevail at trial on his claim that Kesha defamed him by falsely accusing the producer of abuse and rape.