From 1949 to 1987, a regulation known as the “Fairness Doctrine” required radio and television stations to offer response time to those attacked by a broadcast editorial or commentary and required radio and television stations to offer differing views of issues of public concern. The Supreme...

Since 1946, Section 2(a) of the Lanham Act, the law governing trademarks, prohibited the registration of trademarks deemed “immoral, deceptive, or scandalous;” or those which may “disparage” individuals. This provision was the subject of a challenge by an Asian-American dance-rock band...

In the fall of 2007, a Federal appeals court ruled that the use of the names and records of Major League Baseball players without license or permission by an Internet fantasy sports website was protected speech and trumped the property rights of the players. The ruling in by the U.S. Court of...

The licensing agreements involving the NCAA and digital video firms for the use of avatars that have some resemblance to former college players have resulted in three separate cases challenging the validity of those agreements and the uses of athlete likenesses. O'Bannon v. NCAA, Hart v. EA and...

Purpose – For decades, archivists have been appraising, preserving, and providing access to digital records by using archival theories and methods developed for paper records. However, production and consumption of digital records are informed by social and industrial trends and by computer...