The opinion of Gorsuch J for the US Supreme Court in 303 Creative LLC v Elenis 600 US (2023) (Opinion (pdf) | Justia) has been widely welcomed on the US political right as a victory religious rights and just as broadly deplored on the US political left as a defeat for LGBTQ+ rights. Many on both sides agree, however, that – either way – it is an important defence of free speech. I am sorry to say that it is nothing of the sort. It is a stalking horse for an approach that will have pernicious consequences for the First Amendment. Continue reading
The International Forum for Responsible Media Blog
Category: United States (Page 3 of 19)
OpenAI CEO Sam Altman urged lawmakers to consider regulating AI during his Senate testimony on May 16, 2023. That recommendation raises the question of what comes next for Congress. Continue reading
On May 17, 2023, Montana Gov. Greg Gianforte signed legislation banning TikTok in the state. The law imposes fines of US$10,000 per day on any app store that offers the popular Chinese-owned video social media app, and on the app maker itself if it operates in the state. Individual users are not subject to penalties. Continue reading
Students’ shutting down campus public speakers has become increasingly common at universities across the U.S. Recently at Stanford Law School, student protesters shouted over a Trump-appointed federal judge and disrupted the speech he had been invited by students to give. Continue reading
The aftershocks of the 2020 presidential election continue to reverberate in politics and the media with Fox News Network’s April 18, 2023, US$787.5 million settlement with U.S. Dominion Inc. The settlement puts an end to Dominion’s defamation suit against the network. Continue reading
Headlines in early March 2023 implied Fox News mogul Rupert Murdoch had made a damning confession. He had affirmed that some of his most important journalists were reporting that the 2020 presidential election was a fraud – even though they knew they were propagating a lie. Continue reading
Everyone seems to hate what they call “the media.” Attacking journalism – even accurate and verified reporting – provides a quick lift for politicians. Continue reading
Dominion’s defamation lawsuit against Fox News offers unprecedented access to internal discussions at the network regarding its coverage of false narratives disseminated by Donald Trump and his enablers regarding the integrity of the 2020 election that formed part of a broader conspiracy to overturn the results of the election, culminating in the attack on the US Capitol on January 6, 2021. Continue reading
Do traditional IP and free speech laws and precedent apply in the context of NFTs, and does their application mean the end of NFTs as an artform? The short answer in the aftermath of Hermès v. Rothschild: Of course they do, and definitely not! Continue reading
This week, the Supreme Court heard arguments in two cases – Gonzalez v. Google and Twitter v. Taamneh – that have the potential to fundamentally change how social media companies recommend and moderate content. Both cases will impact the scope of Section 230 of the Communication Decency Act which shields internet platforms from liability for content posted on their platforms. Section 230 is viewed by many as one of the foundations of internet freedom. Continue reading
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