Daily Archives: March 2, 2015

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

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.

Continue reading here:
Electronic Arts' fight over NFL avatars attracts big media attention

For the editors of the Chantilly High School newspaper, it was deciding to highlight free speech on the cover of the Purple Tide newspaper.

For the staff of the high schools student television newscast, it was a three-minute piece about the demonstrations in Ferguson, Mo., concerning racial tensions between citizens and police. And for the teens who oversee the Chantilly High yearbook, its the independence to edit the Odyssey without meddling by the administration.

Its completely up to us, said Rachel Palmer, 17, a senior and co-editor of the yearbook. Theres no one to say, You cant do that.

Its that kind of authority to publish whatever the students want to that earned the high school journalists the Journalism Education Associations 2015 First Amendment Press Freedom Award. Chantilly was one of seven high schools to receive the honor and the only school in Virginia. The students will accept the award next month at a student journalism convention.

The award comes a year after Chantilly principal Teresa Johnson was named outstanding administrator of the year by the Southern Interscholastic Press Association.

Johnson, who became Chantillys principal in 2011, was honored for supporting an independent student press. Johnson said she has no direct influence on student media and does not review students work before publication. Students described her as a crucial ally because she does not interfere.

Johnson said that her goal is ensuring that faculty advisers teach the students how to be responsible journalists without infringing on their abilities to express themselves.

There is no greater real-life experience for our students than journalism, because they learn to problem-solve, think critically, collaborate, deal with conflict and communicate, Johnson said. I have faith in our students abilities to make decisions and, at times, to learn from their mistakes as well.

Erin Fowler, 18, a senior and co-editor of the Purple Tide, said that one example of editorial independence came when a faculty member said he had been misquoted in an interview with a reporter. But the reporter had recorded the conversation, so editors kept the quote.

We stood our ground, Fowler said. It really modeled our First Amendment rights.

Read more:
Chantilly High student journalists win award celebrating First Amendment