Augmented Reality as Free Speech – A First Amendment Analysis

Does the First Amendment to the United States Constitution protect the right to augment reality? As with most legal questions about augmented reality (or “AR”), we can’t answer definitively, because no court has yet considered the issue.  But with consumer-level digital eyewear just around the corner, we will soon be faced with questions just like […]

AUGMENTED LEGALITY(R) Finds a New Home at WNJ.com

Since January 2011, AUGMENTED LEGALITY(R) has been my primary platform for sharing my predictions and analysis of the legal issues raised by augmented reality, virtual reality, advanced social media, and other cutting-edge emerging technologies. Although I was a law firm partner at the time, this platform was my own, hosted on my personal domain at […]

Game On: Candy Lab AR Files First Amendment Challenge to Milwaukee’s Pokemon Go-Inspired Ordinance

The first shot in the battle for free speech rights in augmented reality has been fired–and I’m proud to be the one who pulled the trigger. In prior posts, I have tracked Milwaukee County’s proposal and adoption of an ordinance regulating location-based augmented reality games. Written as a knee-jerk reaction to the number of people visiting […]

Milwaukee, Pokemon Go, and the First Amendment

Is the City's New Ordinance a Step Too Far?

I have been warning for years of an upcoming clash between First Amendment free speech rights and the regulation of augmented reality content. Now it looks like that day may have arrived. The Milwaukee Record reports that, yesterday morning, “members of the Milwaukee County Board unanimously recommended for approval a proposed ordinance that would make […]

Pokestops, Go Away – The Backlash Against Augmented Reality Gamers

2015-10-06 18.13.32The Kölner Dom Cathedral in Cologne, Germany has survived war, plague, and decay. Built in the 12th Century, it was the only major building in the city to survive the Allied carpet bombing in World War II. But the cathedral and its caretakers now stand against new invaders: hordes of Pokemon Go players.

Pokemon GO and the Crisis on an Infinitely Augmented Earth

In the classic comic book series Crisis on Infinite Earths, thousands of worlds collided. Prior to that title, virtually all of the various stories told and characters created by DC’s various comics were said to take place within parallel dimensions of the same universe. This convenient device allowed the “Golden Age” superhero stories from mid-century comic books […]

Augmented … Rape? New Short Film Explores the Really Dark Side of AR

“Living in a world of grey, two M.I.T graduates invent a gadget that will not only rival one of the worlds largest tech companies but the morality of our society as a whole.” That’s how first-time filmmaker Antonio R. Cannady summarizes Ex Post Facto, the 13-minute short film he published on YouTube on August 5, […]

Sacred Ground: When (Augmented) Worlds Collide

A few years ago,years ago, a Native American tribe in northern Michigan tried protect a particular piece of land. This land was the site of an impressive rock formation. To the company who owned the mineral rights underneath that land, the rock was the most convenient place to drill an access tunnel to the mine […]

From the Archives: Augmented Reality as Free Speech

With the continued expansion of new AR-creation tools, I’ve been getting the question “Can I augment that?” a lot lately.  This post from April 2013 promises to be increasingly relevant in the near future. Does the First Amendment to the United States Constitution protect the right to augment reality? As with most legal questions about […]

[From the Archives] The Coming Conundra: Real Laws in an Augmented Reality

While I’m away on vacation, I’ve pulled this still-timely article from my archives.  It was originally published in the Winter 2011 issue of SideBAR, the newsletter of the Federal Bar Association’s Litigation Section, and was posted on Wassom.com in March 2011. Over the past decade, there has been no shortage of articles, CLEs, and speeches […]