Justia Communications Law Opinion Summaries

In 2011, Richmond issued the city's first medical marijuana collective permit to RCCC. Other permits were later issued to the defendants. The ordinance governing the permits was amended in 2014, to reduce the number of dispensary permits from six to three, and to provide that if a permitted dispensary did not open within six months after the issuance of a permit, the permit would become void. RCCC lost its permit. RCCC sued, claiming that defendants, acting in concert, encouraged and paid for community opposition to RCCC’s applications and purchased a favorably zoned property. Defendants filed an anti-SLAPP motion to strike, Code of Civil Procedure section 425.16, which provides that a claim 'arising from any act of that person in furtherance of the person’s right of petition or free speech ... in connection with a public issue shall be subject to a special motion to strike," unless the court determines that the plaintiff has established a probability of success on the merits. One defendant admitted: “Our group declared war on RCCC. We conspired to prevent RCCC from getting any property in Richmond.“ The court ultimately determined that the defendants failed to show how the allegations were protected activity and denied the anti-SLAPP motion. The court of appeal affirmed, stating that the appeal had no merit and will delay the plaintiff’s case and cause him to incur unnecessary attorney fees. View "Richmond Compassionate Care Collective v. 7 Stars Holistic Foundation, Inc." on Justia Law

In regulating the practice of engineering, Mississippi restricts the use of the term “engineer.” Express operates automotive service centers in Mississippi and other states under the Tire Engineers mark. The Mississippi Board of Licensure for Professional Engineers & Surveyors informed Express that the name Tire Engineers violated Miss. Code 73-13-39 and requested that it change its company advertisement name. Express sought a declaratory judgment, citing Express’s “rights of commercial free speech guaranteed by the First Amendment”; and “rights under preemptive federal trademark law” under 15 U.S.C. 1051–1127. The district court granted the Board summary judgment. The Fifth Circuit reversed. The Board’s decision violates the First Amendment’s commercial speech protections. Because its essential character is not deceptive, Tire Engineers is not inherently misleading. The name, trademarked since 1948, apparently refers to the work of mechanics using their skills “not usu[ally] considered to fall within the scope of engineering” to solve “technical problems” related to selecting, rotating, balancing, and aligning tires. Nor is the name actually misleading. Because the name is potentially misleading, the Board’s asserted interests are substantial but the record does not support the need for a total ban on the name. Other states with similar statutes have not challenged the use of the trademark and the Board did not address why less-restrictive means, such as a disclaimer, would not accomplish its goal. View "Express Oil Change, L.L.C. v. Mississippi Board of Licensure for Professional Engineers & Surveyors" on Justia Law

Scabby the Rat is a giant, inflatable balloon that is associated with labor disputes. After the Union learned that a masonry company working at Kolosso Toyota in Grand Chute, was not paying area standard wages, it engaged in informational picketing and to set up a 12-foot Scabby in the median across from the dealer, along the frontage road for a major local thoroughfare. The Code Enforcement Officer required that the Union remove Scabby as violating the Sign Ordinance. The Union filed suit, arguing that the ordinance distinguished among signs based on content. The district court rejected the suit on summary judgment. The Town amended its Code. On remand, the district court held that the case was not moot because the Union was seeking damages for having to use greater resources to maintain the protest. The court noted that the likelihood of recurrence theory was not available because of the Code amendment and rejected the claims on the merits. The Seventh Circuit agreed that claims based on the former ordinance were not moot, despite the fact that construction was complete and that ordinance did not discriminate on the basis of content. It was narrowly tailored to meet its stated purpose—banning anything on the public right-of-way that might obstruct vision or distract passing drivers. Whatever dispute may exist over the new law is not ripe. View "Construction and General Laborers' Union Number 330 v. Town of Grand Chute" on Justia Law

Plaintiff Garrett Cornelius filed suit alleging invasion of privacy by newspaper, the Chronicle, after newspaper published two articles containing information about him. In a series of orders, the trial court granted newspaper’s motions to strike the claims under the anti-SLAPP statute and awarded newspaper a small fraction of the attorney’s fees it sought. Plaintiff appealed the orders striking his claims, and the newspaper appealed the amount of attorney’s fees. Consolidating the cases for review, the Vermont Supreme Court concluded the claims were properly stricken under the anti-SLAPP statute, but the court erred in limiting the attorney’s fees award. View "Cornelius v. The Chronicle, Inc." on Justia Law

The Architect of the Capitol removed high school student David Pulphus’ painting from the exhibition of the 2016 winners of the Congressional Art Competition. The painting was initially described as “a colorful landscape of symbolic characters representing social injustice, the tragic events in Ferguson, Missouri, and the lingering elements of inequality in modern American society.” It was removed after protests by police unions and a FOX news personality, based on a newspaper story that described it as “depicting police officers as pigs with guns terrorizing a black neighborhood.” After unsuccessfully asking that the House Office Building Commission overrule the removal decision, Pulphus and Missouri Congressman Clay unsuccessfully sought a preliminary injunction, alleging violations of their First Amendment rights. The D.C. Circuit dismissed an appeal as moot; the 2016 Congressional Art Competition is over and no other concrete, redressable injury is alleged that was caused by the Architect’s removal decision. View "Pulphus v. Ayers" on Justia Law

In October 2014, Kentucky Educational Television (KET) hosted a debate between the candidates for one of Kentucky’s seats in the U.S. Senate. KET limited the debate to candidates who qualified for the ballot, had collected at least $100,000 in campaign contributions, and had an independent poll indicating that at least one in 10 Kentuckians planned to vote for them. The criteria excluded Patterson, the Libertarian Party candidate. The district court rejected a suit under 42 U.S.C. 1983 by Patterson and the Party, noting that, with relatively few limits, KET could invite to its debates whomever it wanted. KET was not required to create—let alone publish—any criteria at all. KET restricted who could appear in a televised debate, not on the ballot. The debate criteria had nothing to do with a candidate’s views; rather, they measured whether voters had shown an objective interest in hearing the candidate. View "Libertarian National Committee, Inc. v. Holiday" on Justia Law

The 1993 Lucasville Prison Riot at the Southern Ohio Correctional Facility began when prisoners overpowered a guard and took his keys. Rioting prisoners ultimately took a dozen guards hostage and gained complete control of the prison’s L-block. The riot continued for 11 days; one guard and nine prisoners were murdered. Many were injured. Tens of millions of dollars’ worth of damage was done to the prison facility. Four prisoners were sentenced to death for their involvement in the riot and are classified as restricted population inmates, who “pose a direct threat to the safety of persons, including themselves, or an elevated, clear[,] and ongoing threat to the safe and secure operations of the facility. The Media Plaintiffs are professional journalists who unsuccessfully sought in-person, recorded interviews with the Prisoner Plaintiffs for the twentieth anniversary of the riot. The Prisoners and Media Plaintiffs filed suit under 42 U.S.C. 1983, alleging that the interview denials violated the First and Fourteenth Amendments because they were based on the interviews’ anticipated content. The Sixth Circuit affirmed the rejection of their claims after considering the “Turner factors” to determine that the prison regulation is reasonably related to legitimate penological interests and therefore constitutional. There is a rational connection between a policy prohibiting face-to-face interviews with Lucasville participants and the legitimate, neutral penological interest of prison security. The impact of accommodation of the right and the availability of ready alternatives also support the restrictions’ constitutionality. View "Hanrahan v. Mohr" on Justia Law

Thomas was arrested on charges that she “knowingly attempted to provide material support . . . to a designated foreign terrorist organization,” 18 U.S.C. 2339B. Thomas unsuccessfully moved for a bill of particulars and to compel notice and discovery of surveillance. Thomas pled guilty. Access to several documents on the docket was restricted. Philly Declaration moved to intervene and obtain access to all records on the docket, transcripts of Thomas’s plea hearing and her ex parte presentation to the court regarding the motions, and search warrant materials. The prosecution agreed that certain records should be largely unsealed but maintained that the “Plea Document” that was docketed with the publicly-filed guilty plea memorandum should remain under seal for reasons detailed in a sealed addendum and objected to unsealing a “Grand Jury exhibit” attached to Thomas’s reply brief in support of her motion for a bill of particulars and to unredacting quotes and citations that appeared in the Reply Brief itself. The district court ruled in favor of the government. The Third Circuit affirmed as to the Plea Document, vacated with respect to the Reply Brief and Exhibit, and remanded. While a presumptive First Amendment right of access attaches to plea hearings and related documents, the district court properly concluded that the compelling government interests of national security would be substantially impaired by permitting full access to this plea document. The proposed redactions are properly first considered by the district court. View "United States v. Thomas" on Justia Law

Pennsylvania charged Walker with forgery and computer crimes, joined with prior charges against Walker’s husband and his trucking company. Senior deputy attorney general Coffey was assigned to the case. Zimmerer was the lead investigator. They sought to obtain Walker’s work emails from her employer, Penn State, which responded, “We just need something formal, a subpoena.” Coffey and Zimmerer obtained a blank subpoena form, which they filled out in part. The subpoena is blank as to the date, time, and place of production and the party on behalf of whom testimony is required, and was, on its face, unenforceable. Zimmerer presented the unenforceable subpoena to Penn State's Assistant General Counsel. Penn State employees searched for and delivered the requested emails. The charges against Walker were subsequently dismissed with prejudice. Walker filed a 42 U.S.C. 1983 action against Zimmerer and Coffey. The district court dismissed, agreeing that Zimmerer and Coffey were entitled to qualified immunity because Walker could not show a clearly established right to privacy in the content of her work emails. The Third Circuit affirmed that dismissal but vacated the denial of Walker’s motion for leave to file a second amended complaint, asserting claims under the Stored Communications Act. The emails were transmitted via Walker’s work email address, through an email system controlled by Penn State. Walker did not enjoy any reasonable expectation of privacy vis-à-vis Penn State, which could independently consent to a search of Walker’s work emails. View "Walker v. Coffey" on Justia Law

During a campaign rally at Louisville’s Kentucky International Convention Center, then-candidate Trump spoke for 35 minutes. Plaintiffs attended the rally with the intention of peacefully protesting. Protesters’ actions during Trump’s video-recorded address precipitated directions from Trump on five different occasions to “get ’em out of here.” Members of the audience assaulted, pushed and shoved plaintiffs. Plaintiff Brousseau was punched in the stomach. Defendants Heimbach and Bamberger participated in the assaults. Plaintiffs sued Trump, the campaign, Heimbach, Bamberger, and an unknown woman who punched Brousseau, for battery, assault, incitement to riot, negligence, gross negligence and recklessness. The district court dismissed claims against the Trump defendants alleging they were vicariously liable for the actions of Heimbach, Bamberger and the unknown woman, and dismissed a negligent-speech theory as “incompatible with the First Amendment” but refused to dismiss the incitement-to-riot claims. On interlocutory appeal, the Sixth Circuit found that the claim should be dismissed. Plaintiffs have not stated a valid claim under Kentucky law, given the elements of “incitement to riot.” Trump’s speech enjoys First Amendment protection because he did not specifically advocate imminent lawless action. Trump’s “get ’em out of here” statement, closely followed by, “Don’t hurt ’em,” cannot be interpreted as advocating a riot or the use of any violence. View "Nwanguma v. Trump" on Justia Law