04 Apr, 2023 Cops Sue Afroman Alleging "Lemon Pound Cake" Violates Their Right of Publicity By Brian Murphy In Saturday Night Live's cold open last weekend, the newly indicted Donald Trump (played by James Austin Johnson) announced his latest...
26 Dec, 2022 DC Circuit Denies Injunction to Technologists Alleging DMCA Violates Their 1st Amendment Rights By Brian Murphy This case is about a security researcher and an inventor who are concerned that the pursuit of their professional goals will subject them...
01 Jun, 2022 Can Public Transit Authorities Ban "Political" Advertising on Buses? By Jeff Greenbaum The Greater Richmond Transit Company operates the public transit system in Richmond, Virginia. One of the ways that it derives revenue...
18 May, 2022 "Bad Taste" is Not Enough to Reject a Beer Label By Jeff Greenbaum Flying Dog Brewery applied to the North Carolina Alcohol Beverage Control Commission for approval of a label for its Freezin' Season...
12 Apr, 2022 When Can Public Transit Advertising Be Rejected For Being "Offensive"? By Jeff Greenbaum What rights do public transit systems have to limit the types of advertising that run on their buses, subways, and other platforms? When...
16 Nov, 2021 Selling Sexual Pleasure on the Subway? By Jeff Greenbaum In early 2019, the MTA -- which run New York's public transportation system -- refused to run advertising from Dame Products, a company...
18 Feb, 2021 Sixth Circuit Strikes Down Kentucky's Restrictions on Off-Site Billboards By Jeff Greenbaum The Lion's Den is an "adult" bookstore that sells adult-oriented books, magazines, and other items. Located just off of Exit 251 on I-65...
26 Jan, 2021 Federal Court Strikes Down Law Requiring Permits for Commercial Filming in National Parks By Jeff Greenbaum If you want to engage in commercial filming activities -- such as filming a commercial or a feature film -- in a National Park, federal...
15 Sep, 2020 Third Circuit Strikes Down Transit Authority's Ban on Political Advertising By Jeff Greenbaum The Southeastern Pennsylvania Transportation Authority ("SEPTA") sells advertising space on its buses, trains, and stations. In order to...
08 Sep, 2020 Fifth Circuit Strikes Down Regulation Prohibiting the Digitizing of Off-Premises Billboards By Jeff Greenbaum A few years ago, the City of Austin told two outdoor advertising companies -- Reagan National Advertising of Austin and Lamar Advantage...
13 Apr, 2020 Supreme Court Denies Cert in Transit Advertising Case, With Separate Opinion (and Warning) from Gorsuch and Thomas By Jeff Greenbaum The Archdiocese of Washington sued the Washington Metropolitan Transit Authority (“WMATA”) after WMATA refused to run one of the...
30 Mar, 2020 YouTube is Not a Public Forum and Its Policies are Not Advertising By Craig Whitney Notwithstanding YouTube's significant role in public discourse--with more than 1.3 billion users and more than 30 million daily...
28 Jan, 2020 Tied Up in Knots? Tied House Laws and the First Amendment By Brian Murphy This post – about alcohol advertising, commercial speech and the First Amendment – is dedicated to the ascetics among us who are coming...
18 Jul, 2019 Second Circuit Upholds Ban on In-Uber Advertising By Nicole Bergstrom Do you find "Taxi TV" annoying? The Second Circuit does. Reversing a February 2018 decision of the District Court, the Second Circuit...
02 Feb, 2019 9th Circuit (En Banc) Strikes Down San Francisco's Sugar-Sweetened Beverage Warning Ordinance By Jeff Greenbaum The Ninth Circuit, sitting en banc, struck down a San Francisco ordinance that required health warnings on certain advertising for some...
16 Oct, 2018 Want to Run an Offensive Ad on a Bus? By Jeff Greenbaum Television networks and other commercial advertising platforms have wide latitude to reject advertisements because of taste and...