A federal appeals court axed the FCC’s net neutrality rules, punctuating a 20-year battle to classify broadband Internet providers as utilities. The Cincinnati-based U.S. Court of Appeals for the Sixth Circuit — with jurisdiction over Kentucky, Michigan, Ohio and Tennessee — said the FCC lacks the authority to prevent ISPs from thwarting access to Internet content. Citing the Supreme Court’s Loper Bright decision from June, the three judge panel wrote that government agencies lack the authority to deploy and administer such regulations. Since Sixth Circuit decisions aren’t precedent in other states, California says it will keep existing rules intact. Continue reading California Backs Net Neutrality, Despite Recent Court Reversal

The Supreme Court will hear a case that will assess the constitutionality of controversial state laws governing social media in Texas and Florida. The states enacted their laws in 2021, ostensibly to assure “free speech” was guaranteed on platforms like Facebook and X (formerly known as Twitter). Users who considered their views “conservative” filed suit alleging censorship. Protections offered by Section 230 of the Communications Decency Act impact how government can regulate expression shared by online services and private media companies. Much like broadcast’s Fairness Doctrine, plaintiffs argue there are obligations that come with government warrantees. Continue reading Supreme Court to Assess States’ Social Media Speech Laws

The world was a much smaller place in 1946 when Congress passed the Lanham Act, the legal framework for U.S. trademark protection. Last week, the Supreme Court decided the Lanham Act is applicable almost exclusively to infringement on U.S. soil. Companies that expect to rely on Lanham to protect foreign trademark violations through U.S. lawsuits are well-advised to come up with another plan. Until Congress updates the code. Led by Sonia Sotomayor, four justices said it was appropriate to adopt a broader standard “when there is a likelihood of consumer confusion in the United States.” Continue reading SCOTUS Limits Enforcement of Foreign Trademark Violations