Litigation of Interest
September 16, 2024: Edmond Grant, et al., v. Donald J. Trump, et al.
Musician, Eddy Grant filed suit against Donald J. Trump and his campaign in New York for copyright infringement. In 2020, Former President Trump used Grant’s song “Electric Avenue” in a campaign advertisement without Grant’s authorization. Trump alleged “fair use” as an affirmative defense and filed a motion for summary judgement, that motion was denied. The parties then filed cross-motions for partial summary judgement. The Court granted Plaintiffs’ motion and denied Defendants’. The Court ultimately held that the use of the song was not transformative, and defendants could not show they used the advertisement in a non-commercial manner.
October 2, 2024: Christopher Kohls v. Rob Bonta et al.
On September 17, Governor Newson signed legislation that would prohibit the use of artificial intelligence, specifically “deep fakes” containing political candidates during an election period. Kohls filed a motion for preliminary injunction the same day claiming that AB2839 violated the First and Fourteenth amendments. The Court granted the preliminary injunction, stating that AB 2839 “…hinders humorous expression and unconstitutionally stifles the free and unfettered exchange of ideas…”
October 7, 2024: No on E v. Chiu
On October 7, 2024, the Supreme Court denied certiorari in the case brought by local San Francisco committee, No on E, against David Chiu, the City Attorney of San Francisco. In 2019, a San Francico ballot measure was approved by San Francisco voters that required further disclosures on campaign advertisements. In addition to listing the top funders on advertisement disclaimers, advertisements would also need to list secondary donors as well. The No on E committee sought to challenge this new law, arguing that it is a violation of the First Amendment because the disclosures would take up most of the advertisement space. Opponents’ arguments were rejected by the federal district court in California as well as the Ninth Circuit Court of Appeals.
October 25, 2024: Republican National Committee, et al., v. Justin Wetzel et al.
In 2020 the State of Mississippi enacted a law that allowed the counting of mail in ballots post marked on election day and received up to five days after. This year, the RNC, among other parties requested an injunction in the district court of Mississippi alleging that Federal Law preempted this state law. Federal Law required voters to take timely steps to vote by Election Day, essentially prohibiting the counting of any ballot received after. The district court denied this injunction. The 5th U.S. Circuit Court of Appeals ruled on October 25, 2024, that Federal Law does in fact preempt this state law, the court further ruled that the case shall be remanded back to the lower courts to determine whether the statute shall be immediately blocked or if it is too close to Election Day to do so.