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Fall 2019 Silha Bulletin
Below is the Table of Contents for the Fall 2019 edition of the Silha Bulletin. Click on the title to read the full article.
On Oct. 1, 2019, the U.S. Court of Appeals for the D.C. Circuit released a per curiam opinion upholding the Federal Communications Commission’s (FCC) December 2017 repeal of net neutrality rules, holding that the FCC had the authority to do so and that the agency had been reasonable in its approach.
On Sept. 3, 2019, Judge Rudolph Contreras of the U.S. District Court for the District of Columbia granted a motion for a temporary restraining order and preliminary injunction brought by Playboy magazine senior White House reporter and CNN political analyst Brian Karem against President Donald Trump’s administration.
On Sept. 24, 2019, the Court of Justice of the European Union (CJEU) ruled that the right to be forgotten does not impose a de-referencing obligation on non-European Union (EU) Member State versions of a search engine.
Leak Investigations: Trump Administration Targets Two More Leakers of Government Information
In May and October 2019, the U.S. Department of Justice (DOJ) announced charges against two new leaders of government information, including under the Espionage Act, 18 U.S.C. § 793.
On Nov. 10, 2019, Northwestern University’s student newspaper, The Daily Northwestern, published an editorial apologizing for its coverage of two student-led protests that occurred during a November 5 event featuring former U.S. attorney general Jeff Sessions.
On Oct. 18, 2019, The Hollywood Reporter and Reuters reported that a letter sent on behalf of President Donald Trump to CNN President and CEO Jeffrey Zucker and CNN General Counsel David Vigilante had accused the news outlet of violating the Lanham Act of 1946, 15 U.S.C. § 1051 et seq., a federal statute that governs trademarks and also includes provisions against false advertising.
On Nov. 12, 2019, Judge Denise J. Casper of the U.S. District Court for the District of Massachusetts ruled that U.S. Customs and Border Protection (CBP) must have “reasonable suspicion that a [traveler’s electronic] device contains contraband” in order to search and/or seize the device at U.S. borders.
In the second half of 2019, legal action continued in cases stemming from the muder of a Saudi journalist and the detaining of a Salvadoran journalist.
Political Advertising: Social Media Networks, Tech Companies Struggle with Misleading Political Advertisements
Throughout 2019, social media companies faced increased criticism regarding misleading political advertisements on their respective platforms.
Throughout the second half of 2019, politicians continued to confront issues stemming from blocking constituents on social media.
In the second half of 2019, several notable defamation lawsuits were filed, advanced, or resolved.
In fall 2019, three notable cases were resolved in cases tied to Minnesota.
Searches and Seizures: Fifth Judge Orders Release of Warrant Materials Tied to Searches of Freelance Journalist’s Home, Office, and Phone Records; Free Speech Group Files Lawsuit Seeking Additional Records
On Sept. 3, 2019, the First Amendment Coalition (FAC), a free-speech and media support group, released a statement announcing the the organization had succeeded in getting a “fifth and final warrant” unsealed regarding the May 10, 2019 searches of freelance journalist Bryan Carmody’s home, office, and phone records in San Francisco, Calif.
On Sept. 17, 2019, the U.S. Court of Appeals for the Ninth Circuit held that seven Arizona death-row inmates had plausibly alleged that the Arizona Department of Corrections’ (ADC) new restrictions on the ability of execution witnesses to hear the sounds of the entire execution process violated the inmates’ First Amendment rights.
On Aug. 27, 2019, The Harvard Crimson reported that U.S. border officials had revoded 17-year-old Harvard freshman Ismail B. Ajjawi’s visa and deported the student to Lebanon after interrogating him about his friends’ political posts on social media.
On Oct. 28, 2019, attorney Kelli L. Sager contended during the 34th annual Silha Lecture that the press has “a critical role to play in the judicial system.”