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Proposed Legislation First Amendment

Latham & Watkins LLP

Senators Introduce Legislation to Restrict Direct-to-Consumer Drug Advertising

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On June 12, 2025, Senators Bernie Sanders (I-Vt.) and Angus King (I-Maine) introduced the End Prescription Drug Ads Now Act, with Senators Chris Murphy (D-Conn.), Peter Welch (D-Vt.), Jeff Merkley (D-Ore.), and Dick Durbin...more

Brownstein Hyatt Farber Schreck

The First Amendment and Direct-to-Consumer (DTC) Prescription Drug Ads

Department of Health and Human Services Secretary Robert F. Kennedy, Jr. has made no secret of his disdain for television advertisements for prescription drugs. As a presidential candidate, he promised to ban those ads by...more

Morgan Lewis

Washington State Expands Sales and Use Tax to Digital Ads and High-Tech and IT Services

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On May 20, Washington state enacted SB 5814, expanding the sales and use tax base to include a range of high-tech and digital services, including advertising, software, and IT support. Signed into law by Governor Bob...more

Morrison & Foerster LLP - Social Media

Social Links: AI, Age-Gating, and the COPPA Cabana

CONGRESS MOVES TO BLOCK ALL STATE AI LAWS - In a late-night addition to a sweeping budget proposal, the House Energy and Commerce Committee inserted a provision in a large reconciliation package that would block state and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

North Carolina Bill Would Expand Workplace Violence Prevention Act

North Carolina’s Senate Bill (SB) 484, sponsored by Senators Timothy Moffitt, Warren Daniel, and Danny Britt, would amend the Workplace Violence Prevention Act by allowing employers to seek restraining orders against “mass...more

Morrison & Foerster LLP - Social Media

Social Links: Statehouse v. Smartphone

OHIO SOCIAL MEDIA LAW STRUCK DOWN - On April 16, 2025, a federal judge in Ohio ended the state’s ambitious plan to severely limit social media access for minors. The court permanently blocked Ohio’s Attorney General from...more

Akin Gump Strauss Hauer & Feld LLP

Establishment of the Religious Liberty Commission (Trump EO Tracker)

Establishes Religious Liberty Commission (Commission) with the stated intent of protecting the free exercise of religion. The Commission shall be composed of up to 14 members appointed by the President and shall include...more

Sheppard Mullin Richter & Hampton LLP

Arkansas’ Kids Social Media Law: Another One Bites the Dust

Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from...more

Husch Blackwell LLP

State-By-State Guide to Ag-Gag Legislation - April 7 2025

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Several states have made attempts to provide the animal production industry protection against unlawful interference by enacting so-called Ag-Gag laws. A wave of litigation is challenging these laws as unconstitutional,...more

Allen Matkins

Can Common Interest Communities Ban Religious Displays On Doors And Doorframes?

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The Nevada legislature is currently considering a bill, SB 201, that would restrict, with certain exceptions, an association or unit’s owner who rents or leases his or her unit from prohibiting a unit’s owner or occupant of a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

South Carolina House and Senate Introduce Legislation on Diversity, Equity, and Inclusion

State legislators have introduced bills in the South Carolina House of Representatives and South Carolina Senate to amend Title 1, Chapter 1 of the South Carolina Code by adding sections addressing diversity, equity, and...more

Davis Wright Tremaine LLP

Digital Replicas and the First Amendment: The Latest in Artificial Intelligence Legislation

Image-generating technology is accelerating quickly, making it much more likely that you will be seeing "digital replicas" (sometimes referred to as "deepfakes") of celebrities and non-celebrities alike across film,...more

Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

Littler

Two Utah Laws Related to Religious Expression in the Workplace Take Effect

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The Utah legislature wrapped up its seven-week legislative session on March 1, 2024.  In addition to passing a #MeToo-inspired law prohibiting confidentiality clauses regarding sexual misconduct, the legislature also passed...more

Perkins Coie

AI-Generated Deepfakes and the Emerging Legal Landscape

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As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common. For example,...more

Venable LLP

Synthetic Content, Real Regulations: Regulation of Artificial Intelligence in Political Advertising

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As campaigns explore new ways to harness artificial intelligence, regulators are rushing to keep pace ahead of the 2024 elections. The explosion in generative AI has put pressure on lawmakers and advertising platforms alike...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

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The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the...more

Venable LLP

New York Implements a New Surcharge Law: What the Changes Mean for Shoppers and Businesses

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On February 11, 2024, a new law went into effect in New York, establishing important limits and rules for surcharging. Enacted in December 2023, the new statute has a price disclosure component, detailing how surcharge prices...more

Venable LLP

AI Deepfake Bill: Senators Contemplate the First Federal Right of Publicity

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On Thursday, October 12, a bipartisan group of senators—Chris Coons (D-Del.), Thom Tillis (R-N.C.), Marsha Blackburn (R-Tenn.), and Amy Klobuchar (D-Minn.)—released a Discussion Draft of the Nurture Originals, Foster Art, and...more

Holtzman Vogel Baran Torchinsky & Josefiak

Concerns over AI in Politics: Washington State Becomes One of the First to Act

Artificial intelligence (AI) technologies are in the news as they rapidly become more widespread, and political campaigns are no less impacted by this trend. As we noted earlier this month, the American Association of...more

BCLP

Missouri House Bill 703: New Provisions Regulating Statewide Initiative Petition Circulators May End Up in the U.S. Supreme Court

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The Missouri House of Representatives will soon consider whether to pass House Bill 703, which contains two new provisions applicable to statewide initiative petition circulators. First, circulators must be a Missouri...more

Holtzman Vogel Baran Torchinsky & Josefiak

State Proposed Bills Would Restrict Free Speech Rights, Add Duplicative Reporting

Two bills in Hawaii and Wyoming may soon prohibit many companies from exercising their First Amendment rights and add duplicative and burdensome reporting requirements when using their federal PACs. In Hawaii, Senate...more

Polsinelli

Copyright Term Reduction Act, Part 2: Let’s Party Like It's 1909

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As an extension of an effort spearheaded by Senator Josh Hawley (R-Missouri) last year, the Copyright Clause Restoration Act of 2023 (H.R.576) was recently introduced in the U.S. House of Representatives by U.S. Rep. Greg...more

Fisher Phillips

Congress Passes Landmark Bill Protecting Same-Sex Marriage: Key Takeaways for Employers

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In a historic move, both chambers of Congress have approved legislation protecting the right of same-sex couples to get married, and President Biden is expected to quickly sign the bill into law. The U.S. House of...more

BakerHostetler

Instead of Shining a Light on Dark Patterns, New FTC Report Leaves Many Questions Unanswered

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For some time now, dark patterns have been quite the trending topic for both marketers and privacy professionals. Regulators have frequently railed against dark patterns that purport to manipulate user choices, usually...more

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