Rebecca Tushnet

As Twitter slashes staff and pares back moderation under Elon Musk, it may soon run into a problem it can’t ignore: its potential liability for…

If you didn’t look at the case captions, you’d think that Wahlburgers and SmileDirectClub had been socked this week with consumer fraud class actions. Wahlburgers…

The movie had every ingredient of a hit when it opened right before Christmas. By the new year, it was a flop. In fact, when…

The next frontier in First Amendment law at the Supreme Court involves a trademark dispute over a chew toy for dogs shaped like a liquor…

The Supreme Court’s analysis of a dispute over a pun-laden dog toy will reach beyond Jack Daniel’s trademarks and may lead to new rules for…

Earlier this month, Microsoft, GitHub and OpenAI were hit with a class action lawsuit alleging that they violated copyright law with their AI-powered coding assistant…

No matter what Drake and 21 Savage hoped to accomplish with the faux-Vogue issue that kicked off the pseudo-media blitz ahead of the joint album…

It’s weird when wrestling superstar Randy Orton, Netflix’s romance “Bridgerton,” TikTok, a tattoo artist, Instagram, NFTs and Andy Warhol’s portrait of Prince all show up…

Two boxes of $2 pasta have led to a possible class-action lawsuit that could cost Barilla millions of dollars, according to legal experts. A pair…

The U.S. Supreme Court is set to ponder in a case centering on paintings by the late artist Andy Warhol a question as philosophical as…

Over the past decade, Google has consistently documented its efforts to remove links from its search results to content that the tech giant considers pirated,…

California’s new law requiring social media platforms like Meta Platforms Inc.’s Facebook and Twitter Inc. to disclose their content moderation policies is likely to face…

Bloomberg Law – A decades-old law that criminalizes hacking through digital security measures to access copyrighted work like music, movies, and software is facing a…

Forward – Last month, New York Gov. Kathy Hochul signed a law requiring museums to label artworks known to have been looted by the Nazis.

Bloomberg Law – A trademark dispute between Vans Inc. and a Brooklyn-based art studio is set to rekindle a debate about how courts should properly…

Like an over-protective parent, toymaker Mattel Inc has long had a reputation for zealously defending its Barbie doll-related intellectual property. So when Rap Snacks Inc…

In May 2007, fanfiction and traditionally published author Naomi Novik wrote a post on LiveJournal. “We are sitting quietly by the fireside, creating piles and…

I cannot tell you how many ads I’ve been served by various interested firms since sports betting became legal in New York State this year. Caesar’s Sportsbook has J.B. Smoove and Halle Berry encouraging me to gamble. FanDuel and DraftKings, pioneers of mobile-app sports betting, have constant promotional campaigns offering free money for my first bet. All of these massive marketing budgets have, as their north star and balance-sheet justification, one principle: it’s worth spending a big chunk of change to get a big chunk of people addicted to gambling on your platform. The House might not be a physical building on the Vegas strip, but it still always wins. ... Why is Joe Camel out of bounds, then, but ads for booze and gambling are above-board? I asked Rebecca Tushnet, the Frank Stanton Professor of the First Amendment at Harvard Law School—who specializes in, among other things, advertising law—what the deal is here. As it turns out, it’s a particularly American cocktail of strident free-speech principles, waxing and waning puritanical attitudes, and corporate power. Our conversation has been edited for length and clarity.

Andy Parker, the father of Alison Parker, the television reporter who was shot and killed in 2015 by a former colleague, created an NFT of the video of the fatal shooting in hopes it will give him power to remove clips from social media, The Washington Post reported. ... Dr. Rebecca Tushnet, a professor of law at Harvard Law School whose work focuses on copyright, trademark and false advertising law, told Insider she believed "there's a 0% chance that this will work." "I see no path forward through NFTs for this person who suffered an unspeakable tragedy," Tushnet said. "I don't know who encouraged this, but it is not going to give him what he wants."