Free Speech

by Mike Masnick

Filed Under:
hot news

Appeals Court Puts Hold On Hot News Ruling Until Full Appeal Is Done

from the not-cutting-anyone-off-just-yet dept

Lots of folks are extremely concerned about the district court ruling back in March that effectively brought back the "hot news" doctrine, which is a creation of the courts (not Congress) that creates a copyright-like restriction on reporting news based on the reporting of others. The ruling seems to go against the basic principles of the First Amendment, but a bunch of publications who should know better have been excited about it, and at least two other hot news lawsuits have been filed.

However, Paul Alan Levy alerts us to the news that the Second Circuit has stayed the original injunction against until the appeal has been heard. This isn't really all that surprising. It's not uncommon for an appeals court to issue a stay on an injunction until it gets to hear a case. However, in the short-term, it's good news that is not currently restricted from reporting on news, and sets up the case in the appeals court as one to watch -- and one where there should be a lot of different folks weighing in on both sides.

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