Wednesday, August 24, 2011

Seventh Circuit -- Wisconsin Interschol v. Gannett

Wisconsin Interschol v. Gannett

State entities may contract with private providers to exclusively stream entire events or performances - no 1A violation.

No prior restraint - reporting is permitted, but performance is restricted.

Viewpoint considerations satisfied, even though they don't apply.

Key is the appropriation of content - Zacchini

Advertising and merchandising exclusive deals establish that states can grant exclusive rights.



Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.