Most free-speech cases are complicated. For instance, a case regarding free speech in Yakima, WA rests on the intersection of protection against discrimination and public safety. A local furniture business owner sued the city and several public employees, alleging...
Month: November 2022
Does Your State Have an Anti-SLAPP Law? SC Doesn’t
I have posted about anti-SLAPP laws. SLAPP stands for Strategic Lawsuits Against Public Participation. Often brought by public figures or organizations with greater power and resources, anti-SLAPP lawsuits are filed with the unstated purpose of silencing critical...
Happy Thanksgiving from the Marks Gray IP Team!
Public Records and Accusations of Election Fraud
Since the 2020 elections, public records requests to elections agencies have increased exponentially. Elections officials say that people who believe they will find evidence of voter and election fraud have caused the increase. Elections officials say the increased...
Livestream Loophole Leads to Retroactive Infringement of Copyright Licensing
Does it ever pay to use intellectual property loopholes to save a few bucks? If you wish to remain disentangled from legal action, the answer is likely “No.” This is especially true in a complex area of copyright licensing like live televised events, since there may...
Redaction as a Transparency Avoidance Strategy in NJ School District
Have you ever received heavily redacted records from a public agency? If something seems off about the redactions in a fulfilled request, don’t just sit on your hands. Sometimes, it is worth challenging them. In Monmouth County, NJ, a school district parent filed a...
Public Records Accountability Comes to a Head in San José
How should you proceed if your city appears to be stonewalling public records requests? Is this a sign of corruption? Mismanagement? Overwhelmed public employees? Where public records accountability is concerned, there’s no single answer. For instance, in San Josè,...
Filing Public Records Lawsuits to Make a Point in WA
Public records lawsuits—do they aid or undermine democracy? Sometimes government says public records plaintiffs “have an agenda.” Requestors say, yes, their agenda is to shed light on government operations and at times shed light on government malfeasance. ...