Entertainment, Arts, and Sports Law Commons^™

Fighting Falsity: Fake News, Facebook, And The First Amendment, Joel Timmer

Cardozo Arts & Entertainment Law Journal

Fake news stories about the major presidential candidates became widespread on Facebook and elsewhere online in the months leading up to the 2016 presidential election, raising questions of whether fake news influenced the outcome of the election. The ease and speed with which false news stories can spread online poses a threat to the efficient functioning of our democracy, a threat the government has a compelling interest in addressing. Political speech, however, even when false, is highly protected by the First Amendment, making it unlikely a valid law against fake news could be crafted. Candidates might pursue defamation actions against …

Legislating The First Amendment: A Trio Of Recommendations For Lawmakers Targeting Free Expression, Clay Calvert

Cardozo Arts & Entertainment Law Journal

This Article offers three recommendations for lawmakers attempting to restrict expression that is presumptively protected by the First Amendment. The proposals include: (1) embracing a "prism of protection" through which all potential laws affecting expression are filtered prior to drafting; (2) mandating inclusion of sunset clauses in all statutes that may detrimentally impact free expression; and (3) adopting a comprehensive legislative oversight and review process for determining if an expired statute should be renewed, revised or abandoned. Although far from creating what Dean Roscoe Pound more than 100 years ago called a "science of legislation, " the proposals here nonetheless …

The Wrong Of Publicity, Albert Vetere

Pace Intellectual Property, Sports & Entertainment Law Forum

The right of publicity has been, since at least 1977, a recognized concept. It was used, much like the other areas of intellectual property law to protect what a person had worked hard to create, in this case the concept of themselves. Their creativity in making themselves known and in having an "act" was worth protecting. However, the right of publicity has drastically changed since its conception. What is has become in the past almost forty years is a strange amalgamation of concepts, protected by laws that were never meant to be used to protect it in the first place. …

Taking A Bite Out Of Michael Vick's Publicity Rights: An Analysis Of How Teh Right Of Publicity Should Be Treated After A Celebrity Is Convicted Of A Crime, Stephen Reginald Fowler

Georgia Journal of Law & Technology

No abstract provided.

A New Test To Reconcile The Right Of Publicity With Core First Amendment Values, Mark Joseph Stern, Nat Stern

Georgia Journal of Law & Technology

No abstract provided.

To Show, Or Not To Show—That Was The Question: A Discussion Regarding The First Amendment Issues Implicated By The Sony Pictures Entertainment Cyberhack & The Interview Debacle, Chelsey Huso

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Can Dna Be Speech?, Jorge R. Roig

Cardozo Arts & Entertainment Law Journal

DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.

This Article discusses a myriad of current and developing ways in which …

Disciplining The Right Of Publicity's Nebulous First Amendment Defense With Teachings From Trademark Law, Wee Jin Yeo

Cardozo Arts & Entertainment Law Journal

Academic commentators, practitioners and students alike have written a flurry of articles on the First Amendment defense in right of publicity law, as courts cannot seem to agree on the appropriate balancing test that should be used to weigh celebrities 'publicity rights against the public's rights to use celebrity personas as communicative tools. Various tests have been proposed as the panacea, but are ultimately unsatisfactory, due to inadequacies that prevent them from striking a normatively desirable balance.

This Article suggests that the core normative justification behind the right of publicity is the prevention of unjust enrichment. Thus, following recent developments …

A Revisionist View Of Journalist's Privilege: Justice Powell, Branzburg And The "Proper Balance", William E. Lee

Cardozo Arts & Entertainment Law Journal

No abstract provided.

By Any Other Name: Image Advertising And The Commercial Speech Doctrine In Jordan V. Jewel, Kelly Miller

Loyola of Los Angeles Entertainment Law Review

This Comment focuses on the commercial speech doctrine as applied to modern advertising strategies, specifically, corporate image advertising. It centers on the recent litigation between basketball superstar Michael Jordan and a Chicago-area grocery chain, Jewel-Osco. When Michael Jordan was inducted into the Basketball Hall of Fame, Jewel-Osco was invited to submit a congratulatory ad for a commemorative issue of Sports Illustrated devoted exclusively to Jordan’s career and accomplishments. Because Jordan had spent the bulk of his storied professional basketball career with the Chicago Bulls, the ad seemed a natural fit. Jordan, who did not give permission for his name to …

Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown

Washington Journal of Law, Technology & Arts

Technological advancements have created an emergent challenge for organizations attempting to monetize real-time information. Real-time data as a commodity is especially relevant in the sports industry. Sports leagues increasingly seek to control the dissemination of real-time data in conjunction with lucrative distribution agreements. We analyze the legal status of real-time sports data under both intellectual property law and the First Amendment, with our case-by-case analysis extending to spectators, gamblers, journalists, and non-gambling entrepreneurs. Although we conclude that the First Amendment protections are broad across all four categories, particularly when the underlying sporting event takes place on public land, we find …

Lance Armstrong Wins Again By Surviving A Lawsuit For Misrepresentations And Fraud Without So Much As A "Slapp" On The Wrist, Anna Haslinsky

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Apple Pie Propaganda? The Smith–Mundt Act Before And After The Repeal Of The Domestic Dissemination Ban, Weston R. Sager

Northwestern University Law Review

For over sixty years, the Smith–Mundt Act prohibited the U.S. Department of State and the Broadcasting Board of Governors (BBG) from disseminating government-produced programming within the United States over fears that these agencies would “propagandize” the American people. However, in 2013, Congress abolished the domestic dissemination ban, which has led to a heated debate about the role of the federal government in free public discourse. Although the 2013 repeal of the domestic dissemination ban promotes greater government transparency and may help counter anti-American sentiment at home, it also gives the federal government great power to covertly influence public opinion. To …

Total Eclipse Of The Tweet: How Social Media Restrictions On Student And Professional Athletes Affect Free Speech, Tehrim Umar

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Nsfw: An Empirical Study Of Scandalous Trademarks, Megan M. Carpenter, Mary Garner

Cardozo Arts & Entertainment Law Journal

This project is an empirical analysis of trademarks that have received rejections based on their "scandalous " nature. It is the first of its kind.

The Lanham Act bars registration for trademarks that are "scandalous" and "immoral." While much has been written on the morality provisions in the Lanham Act, this piece is the first scholarly project that engages an empirical analysis of the Section 2(a) rejections based on scandalousness; it contains a look behind the scenes at how the morality provisions are applied throughout the trademark registration process. This study analyzes which marks are being rejected, what evidence is …

This Book Is Not Yet Rated: Age Ratings In The Literary Market Vs. Minors' First Amendment Right To Receive Information, Nathalie De Choudens Baez

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Treating The Disease: A First Amendment Prescription For The U.S. Patent System, Stephanie A. Diehl

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Myth Of Obsolete Obscenity, Jennifer M. Kinsley

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Meg Penrose

Faculty Scholarship

This paper takes a closer look at the First Amendment rights of college athletes to access social media while simultaneously participating in intercollegiate athletics. The question posed is quite simple: can a coach or athletic department at a public university legally restrict a student-athlete's use of social media? If so, does the First Amendment provide any restraints on the type or length of restrictions that can be imposed? Thus far, neither question has been presented to a court for resolution. However, the answers are vital, as college coaches and athletic directors seek to regulate their athletes in a constitutional manner.

Appellate Division, First Department, For The People Theatres Of New York, Inc. V. City Of New York, Daphne Vlcek

Touro Law Review

No abstract provided.

Foreign Affairs And First Amendment Rights: Office Of Foreign Assets Control Prohibits Abc's Pan American Games Broadcast. Capital Cities/Abc, Inc. V. Brady, 740 F. Supp. 1007 (S.D.N.Y. June 29, 1990), Allison Sanford

Georgia Journal of International & Comparative Law

No abstract provided.

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Georgia Journal of International & Comparative Law

No abstract provided.

Tinkering With Success: College Athletes, Social Media And The First Amendment, Meg Penrose

Faculty Scholarship

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes' social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author's opinion, these articles have lost perspective-constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel

Georgia Journal of International & Comparative Law

No abstract provided.

Fumbling The First Amendment: The Right Of Publicity Goes 2-0 Against Freedom Of Expression, Thomas E. Kadri

Articles

Two circuits in one summer found in favor of college athletes in right-of-publicity suits filed against the makers of the NCAA Football videogame. Both panels split 2-1; both applied the transformative use test; both dissenters predicted chilling consequences. By insisting that the likeness of each player be "transformed," the Third and Ninth Circuits employed a test that imperils the use of realistic depictions of public figures in expressive works. This standard could have frosty implications for artists in a range of media: docudramas, biographies, and works of historical fiction may be at risk. This Comment examines the tension between the …

Here We Are Now, Entertain Us: Defining The Line Between Personal And Professional Context On Social Media, 35 Pace L. Rev. 398 (2014), Raizel Liebler, Keidra Chaney

UIC Law Open Access Faculty Scholarship

Social media platforms such as Facebook, Twitter, and Instagram allow individuals and companies to connect directly and regularly with an audience of peers or with the public at large. These websites combine the audience-building platforms of mass media with the personal data and relationships of in-person social networks. Due to a combination of evolving user activity and frequent updates to functionality and user features, social media tools blur the line of whether a speaker is perceived as speaking to a specific and presumed private audience, a public expression of one’s own personal views, or a representative viewpoint of an entire …

Journalists, Social Media And Copyright: Demystifing Fair Use In The Emergent Digital Environment, Patricia Aufderheide

Journal of Business & Technology Law

No abstract provided.

The Israeli Anti-Boycott Law: Should Artists Be Worried?, Arie Peled

Cardozo Arts & Entertainment Law Journal

Though much has been written about the economic dimension of Arab boycotts against Israel, much less attention has been paid to the implications of wider calls for a cultural boycott against Israel. Part I of this note will outline the scope of Israel's boycott problem by looking to the history of the Palestinian Boycott, Divestment, and Sanctions ("BDS") movement, while focusing in particular on the cultural aspects of this boycott. It will then discuss the current dimensions of the domestic and international cultural boycott campaigns Israel faces. Part II will analyze the Israeli legislative response to the BDS movement through …

Kill Switches, Forum Doctrine, And The First Amendment's Digital Future, Enrique Armijo

Cardozo Arts & Entertainment Law Journal

Governments play a growing role in providing access to digital speech spaces. This development has important consequences for free expression. Communication's migration from physical public spaces to virtual ones has increased the State's capacity for ex ante interference with speech, from targeted blocking of users, websites, and applications on its communications networks to shutting off access to those networks altogether. Contrary to the conclusions of most Speech Clause scholars, the First Amendment's public forum doctrine is ill equipped to solve these problems, in part because the doctrine under-protects speech that is not expressed in shared physical space. Accordingly, this Article …

Borrowed Fiction And The Rightful Copyright Position, Viva R. Moffat

Cardozo Arts & Entertainment Law Journal

Works of "borrowed fiction"-unauthorized sequels or retellings of literary works-have long prompted legal, cultural, and social backlash. With respect to copyright disputes, this is because borrowed fiction entails a range of legitimate but conflicting interests. Copyright law has historically elevated the interests of the "original" author over those of other writers and the reading public. Scholars have offered a range of proposals to counter this tendency, but these reforms have focused on the infringement analysis and the fair use doctrine. Each of those, however, involves a binary decision, one that is not amenable to accommodating the conflicting interests at stake. …