BARCLAYS CAPITAL INC. v. THEFLYONTHEWALL.COM | No. 10-1372-CV | 2d Cir. June 21, 2010 | The Cyberlaw Clinic and the Electronic Frontier Foundation prepared this amicus brief (pdf), and it was submitted to the Second Circuit on behalf of Citizen Media Law Project, Electronic Frontier Foundation, and Public Citizen. Amici urged the court to apply First Amendment scrutiny to the “hot news misappropriation” doctrine. The Second Circuit ultimately overturned the district court’s decision on preemption grounds.
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