Archive for the ‘First Amendment’ Category

Funeral protest restrictions move forward in Legislature

DES MOINES | A bill to extend the buffer zone between funerals and protests from 500 to 1,000 feet won House Judiciary subcommittee approval despite a lawmakers warning the Legislature should not infringe on First Amendment free speech rights.

HSB 157 was proposed by Rep. Bobby Kaufmann, R-Wilton, in response to protests by members of Westboro Baptist Church at military funerals.

Rep. Zach Nunn, R-Bondurant, said the bill will help deal with protesters using hate speech and attempting to cover it under the First Amendment.

However, Rep. Jake Highfill, R-Johnston, said that although the Westboro protesters are sick and wrong and I certainly couldnt disagree with them more, the intent of the First Amendment is not to protect popular opinion.

The bill goes to the full Judiciary Committee, which is scheduled to meet again Wednesday afternoon.

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Funeral protest restrictions move forward in Legislature

Funeral protest restrictions move forward in Iowa Legislature

Protesters would be subject to 1,000 foot buffer zone

March 3, 2015 | 11:16 am

DES MOINES A bill to extend the buffer zone between funerals and protests from 500 to 1,000 feet won House Judiciary subcommittee approval despite a lawmakers warning the Legislature should not infringe on First Amendment free speech rights.

HSB 157 was proposed by Rep. Bobby Kaufmann, R-Wilton, in response to protests by members of Westboro Baptist Church at military funerals.

Rep. Zach Nunn, R-Bondurant, said the bill will help deal with protesters using hate speech and attempting to cover it under the First Amendment.

However, Rep. Jake Highfill, R-Johnston, said that although the Westboro protesters are sick and wrong and I certainly couldnt disagree with them more, the intent of the First Amendment is not to protect popular opinion.

The bill goes to the full Judiciary Committee, which is scheduled to meet again Wednesday afternoon.

The bill also provides for liquidated damages for infliction of emotional distress upon military family members of up to $10,000 per person.

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Funeral protest restrictions move forward in Iowa Legislature

Wilton Rep. Kaufmann's funeral protest bill moves forward

DES MOINES, Iowa A bill to extend the buffer zone between funerals and protests from 500 to 1,000 feet won House Judiciary subcommittee approval despite a lawmakers warning the Legislature should not infringe on First Amendment free speech rights.

HSB 157 (http://bit.ly/1Cq3fWY)was proposed by Rep. Bobby Kaufmann, R-Wilton, in response to protests by members of Westboro Baptist Church at military funerals.

Rep. Zach Nunn, R-Bondurant, said the bill will help deal with protesters using hate speech and attempting to cover it under the First Amendment.

However, Rep. Jake Highfill, R-Johnston, said that although the Westboro protesters are sick and wrong and I certainly couldnt disagree with them more, the intent of the First Amendment is not to protect popular opinion.

The bill goes to the full Judiciary Committee, which is scheduled to meet again Wednesday afternoon.

The bill also provides for liquidated damages for infliction of emotional distress upon military family members of up to $10,000 per person.

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Wilton Rep. Kaufmann's funeral protest bill moves forward

The First Amendment Today – Video


The First Amendment Today
Professor Jane Bambauer, University of Arizona College of Law Professor Richard Delgado and Professor Jean Stefancic (co-presenters), The University of Alaba...

By: EmorySchoolofLaw

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The First Amendment Today - Video

Electronic Arts' fight over NFL avatars attracts big media attention

Big media companies, including the Washington Post and Los Angeles Times, have lined up to support video game maker Electronic Arts in seeking a new court hearing regarding EAs use of likenesses of former NFL players.

EA is fighting a2012 lawsuit over its popular Madden NFL game, filed by NFL players including Vince Ferragamo. The playersallegethat the company hasnt paid them or sought their permission to use their likenesses in the game.

According to the media companies, the First Amendment issues at stake in the lawsuit could have broad impact on the entertainment and media industry.

A wide range of speech was put in danger, when EA was found to be unprotected by the First Amendment in the lawsuit, according to a brief written by lawyers for the media companies.

EA is based in Redwood City, California, but the Madden game is made in Maitland, a suburb of Orlando, where the company employs 800 people.

EA tried to argue that the First Amendment protects its rights to use the likeness of well-known people, but a judge and an appeals court ruled against that argument last year.

Electronic Arts now seeks a rehearing on the First Amendment question, saying that the court missed some important issues in its previous rulings. Thats when the big media groups got invovled.

The media groups are asking the court to clarify the law for the benefit of video game makers, film producers, songwriters, and other creators.

If the use is relevant to the underlying expression in the work, the First Amendment should almost always protect the use (except when a use explicitly misleads consumers as to origin or sponsorship), according to the media groups arguments.

The media companies said they are focused on speech other than commercial advertising, so the definition of commercial advertising is also in play for the dispute.

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Electronic Arts' fight over NFL avatars attracts big media attention