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  • Naughty Words Attorneys Can’t Use

    October 1, 2014

    Attorney ethics rules offer some great examples of the problems inherent in the mechanistic application of the law.  Sometimes, it’s a matter of a well-founded rules being applied to circumstances where technology has gutted…

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  • Attorneys: It’s Not Always OK to Lie

    September 22, 2014

    Look, it’s OK to lie.  Or, at least, outside of some fairly specific circumstances, the government can’t punish you for lying.  Go check out U.S. v. Alvarez – and the now-unconstitutional “Stolen Valor Act”…

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  • Publicity Rights vs. Media Law

    August 28, 2014

    I’m going to expand on a theme that recurs in my world with depressing frequency: the idea held by many (including many lawyers, who should know better), that the “for profit” nature of a…

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  • 3rd Circuit Smacks NJ on Compelled Speech

    August 12, 2014

    Another day, another compelled speech case – this one involving lawyer advertising. I’ve discussed the Dwyer case before. Dwyer sued to challenge a New Jersey advertising guideline preventing lawyers from using words of praise…

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  • DC Circuit is COOL with Compelled Speech

    July 30, 2014

    Earlier this year, I noted two DC Circuit decisions on compelled speech – disclaimer requirements around country of origin labeling (“COOL”) for meat and “conflict free” diamonds. In each case, the court struck down…

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  • “Publicity Rights” and Censorship

    July 18, 2014

    Did you realize Manuel Noriega was still kicking?  I thought sure the former Panamanian dictator was dead, but apparently he’s still around, albeit old, in prison, and apparently possessed of a litigious streak. Eugene…

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