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Of Note...

Communications Forum

FCC Commissioner Michael O'Rielly addresses a Communications Forum luncheon at the St. Regis Hotel in Washington on June 19.

FCC Commissioner Michael O'Rielly addresses a Communications Forum luncheon at the St. Regis Hotel in Washington on June 19.  » Read More

Josh Wheeler Joins First Amendment
Advisory Council

Free speech advocate Josh Wheeler, director of The Thomas Jefferson Center for the Protection of Free Expression, has joined The Media Institute’s First Amendment Advisory Council. » Read More

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Issue Watch

Supreme Court Rules Against Aereo » Read More

Federal Agency Cancels Redskins Trademark Registration, Says Name Is Disparaging » Read More

How the Supreme Court’s Ruling on Aereo Could Change How We Watch Football » Read More

Democrats Unveil Legislation Forcing the FCC To Ban Internet Fast Lanes » Read More

Supreme Court Refuses To Take Reporter's Case on Revealing Confidential Source » Read More

 
 

Media & Communications Policy Blog

The Udall Amendment: When Politics Mean
More Than the Constitution

by Patrick Maines

It came as no surprise when, in June, Tom Udall (D-N.M.) and 41 other U.S. senators, Democrats all, proposed a campaign finance amendment to the U.S. Constitution.  Ever since the Supreme Court’s Citizens United decision in 2010, Democrats and their surrogates in the media … have been on a mission to find some way around it. » Read More

Dropping George Will Is a Bad Way To Arrest
That Subscriber Decline, Post-Dispatch

by Patrick Maines

Even as such things are becoming commonplace, the sacking of George Will’s syndicated column by the St. Louis Post-Dispatch sets a new low in mainstream journalism’s race to the bottom. » Read More

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Intellectual Property Issues

Narrow Win for Claimant Despite Delay
by Prof. Rodney A. Smolla,  
Duke University School of Law

The Supreme Court in Petrella v. Metro-Goldwyn-Mayer, Inc. interpreted the ancient equitable doctrine of “laches” as applied to a copyright holder’s delay in enforcing remedies under the Copyright Act.  » Read More

Trademark Law and Consumer Centrality – Part I
by Prof. James Gibson,  
University of Richmond School of Law

The conventional wisdom provides two traditional justifications for trademark law.  The first is the “consumer protection” rationale.  If there were no trademark law, an unknown soft drink manufacturer could freely use Coca-Cola’s COKE trademark on its goods.  If it did so, consumers would be defrauded…. The second justification is the “producer incentive” rationale.  » Read More

Aereo Was Not Innovation
by Prof. Doug Lichtman,  
UCLA School of Law

The Supreme Court has now spoken in Aereo, and my colleagues here and elsewhere are actively discussing the Court’s opinion and its implications.  I will join that conversation at some point down the road, but for now I want to take a slightly different approach and talk briefly about what it means to innovate.  » Read More

Aereo, Disruptive Technology,
and Statutory Interpretation

by Prof. Peter S. Menell
University of California at Berkeley School of Law, and Prof. David Nimmer, UCLA School of Law

The Aereo case presented two fundamental showdowns: one between the cable industry and a charismatic disruptive technology, and the other between textualists and jurists seeking to vindicate legislative intent….  But it was the latter that proved decisive, and rightfully so.  » Read More

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» More Comments & Papers

» Copyright Legislation

» First Amendment

» Journalism

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October 20-26, 2014

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