informationliberation
The news you're not supposed to know...




Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted Jul 02 2010, 11:27 PM Category: Big Brother/Orwellian Source: Electronic Frontier Foundation Print

'Hot News' Doctrine Could Stifle Online Commentary and Criticism

EFF Urges Appeals Court to Tackle Critical First Amendment Questions

This is utter insanity. These judges just make this garbage up as they go along.San Francisco - The Electronic Frontier Foundation (EFF), the Citizen Media Law Project (CMLP), and Public Citizen Monday urged the U.S. Court of Appeals for the Second Circuit to consider the critical First Amendment questions at issue in a case asserting "hot news misappropriation" -- a doctrine that a federal court used to put time limit restrictions on the reporting of facts.

The defendant in the case, TheFlyOnTheWall.com, had gathered stock recommendations from investment banking firms like Merrill Lynch, Morgan Stanley, and Lehman Brothers and reported them on its website. The firms sued TheFlyOnTheWall.com, claiming that the information was "hot news" and the website was free-riding on the firms' work in creating the recommendations. A federal court agreed with the investment banks and ordered TheFlyOnTheWall.com to delay reporting of the information for two hours after the reports are released.

"Surprisingly, no court has carefully explored the tension between the so-called 'hot news misappropriation' doctrine and freedom of speech and freedom of the press," said EFF Senior Staff Attorney Corynne McSherry. "We're asking the appeals court to recognize the elephant in the room and analyze the 'hot news' doctrine in light of the strong First Amendment protections developed by the Supreme Court to encourage the expression of truthful statements on matters of public concern."

Applying heightened First Amendment scrutiny is especially important now, as the Internet is increasingly allowing Americans to publicly gather, share, and comment on the news of the day. Misuse of the "hot news" doctrine could stifle this extraordinary growth of free expression.

"It's not hard to see how new and vital forms of social media could get caught in a 'hot news' dragnet," said McSherry. "The court must ensure that this doctrine is not used to quash online commentary and information-sharing."

For the full amicus brief:
http://www.eff.org/files/filenode/barclays_v_fly/FlyBriefFinal.pdf





Latest Big Brother/Orwellian
- Schools To Parents: If You Let Your Kid Play 'Call Of Duty' We'll Call CPS On You
- Publishers Actively Monitoring Testing Students' Social Media Posts For Possible Cheating
- New Bill Would Have Teachers Diagnose Psychological Issues in Children and Report them to Police
- How The Copyright Industry Wants To Undermine Anonymity & Free Speech: 'True Origin' Bills
- Even If Congress Lets Section 215 Expire, The NSA May Be Able To Keep On Collecting Phone Metadata
- Report: Feds Urge Banks to Call Cops on Customers Who Withdraw $5,000 or More
- UK Police Can't Confirm Or Deny Investigation Of Journalists It Publicly Confirmed In 2013
- Snowden Docs Reveal Canada a Major Player in Global Spy Operations









No Comments Posted Add Comment


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

Bureaucrats Panic As Traffic Ticket Revenue Plummets Across U.S. - 03/30New England Cop Harasses Guy Walking Home, Gets Schooled - 03/31The Matthew Townsend Case: Official Retaliation, Not "Witness Intimidation" - 03/31Audio Released of Cop Shooting and Killing College Student for Speaking Disrespectfully - 03/31Plainclothes Cop Unleashed Racist Tirade On Uber Driver In New York - 03/31Here Comes Italy: The Next Country to Legalize Marijuana? - 03/31Cop Forced Woman To Manufacture Meth Under Threat Of Arrest - 04/01State Sterilization: Alive and Well in America - 03/31

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up
(more)

 
Top