There have been numerous cases lately regarding what records should be considered public versus private when public officials or funds are involved. Here's an interesting corner of that larger question: have you ever wondered if large private donations to public...
Edward L. Birk
DMCA Abuse & How Anonymity Protects Free Expression
Have you ever been served a DMCA Takedown Notice? This legal tool was created by the Digital Millennium Copyright Act in 1998 to protect intellectual property on the internet. But decades down the road, we’ve seen that some internet users experience DMCA abuse –...
Is Abortion Speech Protected by the First Amendment?
We know that the Supreme Court overturning of Roe v. Wade affects abortion rights throughout the nation. But is abortion speech protected by the First Amendment even if it’s banned in certain states? The new state-by-state nature of abortion law is what renders...
First Amendment Complications of AZ HB2319: Restricting Filming of Police
Even though case law is well settled, the debate over the filming of police as a First Amendment right continues. The 10th Circuit Court of Appeals recently reinstated a lawsuit, ruling that civilian videos of police are protected by the constitution: “[The...
When Government Officials Use Private Texts and Emails
Are you allowed to read the private texts and emails of public officials? Absolutely, if they count as public records. With the advent of smartphones and laptops, personal devices have become entangled with official communications, and government devices have become...