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 […]

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 […]

[GUEST POST] Social Media and Criminal Law: Harassment and True Threats

This post was principally authored by Joseph R. Morrison, Jr., a law student at the University of Michigan and a 2012 summer associate at Honigman Miller Schwartz and Cohn LLP. Social media, by definition, facilitates a person reaching out and communicating more easily with a larger number of people.  This is beneficial in that it […]

Is a Facebook “Like” First Amendment-Protected Speech? It’s Complicated.

When is a “like” not an expression of liking something?  And does it, like, matter? In an April 24, 2012 opinion in the case Bland v. Roberts, Judge Raymond A. Jackson of the U.S. District Court for the Eastern District of Virginia sparked an online firestorm by ruling that “merely ‘liking’ a Facebook page is insufficient […]

This Week in Social Media Law: Dec. 23, 2011

Freedom of Speech:     Indian Court Tells Social Networking Sites To Remove Anti-Religious Content: — Brian Wassom (@bdwassom) December 22, 2011 Does using Facebook make you ‘famous’ for First Amendment/Right of Publicity purposes? #fb — Brian Wassom (@bdwassom) December 21, 2011   Law Enforcement: Man Charged After Photo of Girl Bound by […]

Social Media and Student Discipline in Public Schools

If there is a boundary, count on high school students to test it.  And with the advent of social media, now the entire world–not to mention their school administrators and the rest of their student body–can watch them do it.  Hundreds, probably thousands, of public middle and high school students have been disciplined for material […]