Communications Law Questions & Answers by State

Communications Law Questions & Answers

Q: If a TV news station posts a photo of me that was marked as private/friends-only on my social media account and implied

1 Answer | Asked in Communications Law for New York on
Answered on Mar 24, 2017

You may have a privacy suit as well as a defamation suit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: In the state of Illinois. Is it illegal to record a conversation that you're part of for your protection?

2 Answers | Asked in Criminal Law and Communications Law for Illinois on
Answered on Mar 16, 2017

I believe it's illegal unless all parties consent. If you need that type of protection you send confirming letters; best bet is get the advice of an attorney as to how to protect yourself.
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Q: Why don't laws that prohibit the publication of obscenities run afoul of my right to free speech?

1 Answer | Asked in Communications Law for New York on
Answered on Mar 6, 2017

There are reasonable limits to our freedoms. Imagine the results, otherwise. See: http://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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Q: What should I do if I'm in an active case and a GAL, Caseworker, and judge has lied in court and town is corrupt?

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Communications Law for Colorado on
Answered on Mar 5, 2017

You should have a lawyer who helps to handle these matters. If you do not like your appointed lawyer, considered hiring a private attorney.
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Q: Can a company publish my article in their yearly publication after firing me, without crediting me or permission?

1 Answer | Asked in Copyright, Employment Law and Communications Law for Oklahoma on
Answered on Feb 22, 2017

I'm only going to address the portion of your question relating to copyright law, that is: can your former employer legally publish your article without crediting you? Yes, almost certainly.

This is known as "work for hire." In the case of a work made for hire, copyright law provides that the author of the work is not the person whose individual creative efforts produced the work, but the party that employed or commissioned that person. As the author of the work made for hire, the...
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Q: Party A has a restraining order on party B but party A wants to meet is there any way of party B not getting in troubl

1 Answer | Asked in Criminal Law, Civil Litigation and Communications Law for California on
Answered on Feb 18, 2017

If the restrained party breaks the restraining order, that can be considered a violation of the order and possibly charged as a misdemeanor. Contacting the protected party through a 3d party can be considered a violation of the RO. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: Is it illegal for news corporations like NBC to distribute fake news? Is it illegal for the White House to distribute?

1 Answer | Asked in Constitutional Law, Communications Law and Gov & Administrative Law for District of Columbia on
Answered on Feb 15, 2017

It depends on the facts. See: https://www.fcc.gov/consumers/guides/broadcasting-false-information. Also the President cannot commit crimes, obviously. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: is it illegal for a news company to distribute fake news? Is it illegal for private individuals to distribute fake news?

1 Answer | Asked in Communications Law, Constitutional Law and Mergers & Acquisitions for Michigan on
Answered on Feb 15, 2017

No and no. Individuals may have a right to sue and recover for libel/defamation however if named in and injured reputationally by fake new stories.
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Q: Is there any amount of time that the federal communications commision needs to act of a pending license renewal app?

1 Answer | Asked in Communications Law and Gov & Administrative Law for New York on
Answered on Feb 3, 2017

See: https://www.fcc.gov/media/radio/broadcast-radio-license-renewal

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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Q: What are my rights as a renter to install a satellite dish?

1 Answer | Asked in Communications Law for New York on
Answered on Feb 3, 2017

Check with your lease. It may be considered a fixture. If so, your landlord's approval might be required. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal...
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Q: Is text messaging considered social media?

1 Answer | Asked in Internet Law and Communications Law for New York on
Answered on Feb 1, 2017

Not generally, but it depends on the application. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties;...
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Q: A telecommunications company looking to set up robodialing for a potential gubernatorial candidate in the state of MS.

1 Answer | Asked in Communications Law and Election Law for Mississippi on
Answered on Jan 24, 2017

Political prerecorded calls or autodialed calls to cell phones, other mobile services and restricted lines (like hotels and hospitals) are prohibited unless made with the “prior express consent” of the recipient.
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Q: What are the legal bases for putative rights of children to be subrogated by their parents?

1 Answer | Asked in Communications Law, Consumer Law and Juvenile Law for New York on
Answered on Jan 19, 2017

Generally, if you own the phone, you can track it and receive notifications relating to your phone, even if you've allowed your minor child to use it. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: is it illegal to hack someone's facebook and email and change their passwords?

1 Answer | Asked in Criminal Law, Communications Law, Identity Theft and Sexual Harassment for Colorado on
Answered on Jan 11, 2017

Simply changing passwords is likely not illegal. If information contained is used to impersonate and individual, this may be illegal. Note, changing the passwords or generally "hacking" of accounts by an unauthorized third-party is a clear violation of both Facebook and every email service--i.e. you should be able to freeze or get the account back.
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Q: woman signing me up to many websites from whom im receiving calls,emails and contacting family facebook and lying abt me

1 Answer | Asked in Criminal Law, Civil Rights and Communications Law for Pennsylvania on
Answered on Jan 10, 2017

No offense, but have you tried calling the police? Depending on the severity of these incidents they can take investigatory action and eventually even charge with stalking. Depending on the websites there are serious safety concerns with this type of behavior. Private criminal complaints are usually a method of last resort as district attorneys don't take them terribly seriously. The issue is if its even semi chargeable they are just going to send it to the police department. Why not cut...
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Q: 911 annoying calls misdemeanor pretrial

1 Answer | Asked in Criminal Law and Communications Law for California on
Answered on Jan 2, 2017

It sounds like you're being charged with abusing the 911 call process, if I understand your question correctly. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Can you include excerpts or partial testimonials on your website under FTC guidelines and requirements?

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Communications Law on
Answered on Dec 30, 2016

Those are gernerally acceptable. However your bigger issue with the FDA is making sure you have disclaimers that the product has no known FDA authorized use etc (check a number of natural remedies, even teas and you'll get the idea.)

See if there's a natural products trade group that has a "best labeling/promotional practices" and follow that.
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Q: Do you have to tell someone that you are recording the conversation between them

1 Answer | Asked in Communications Law and Criminal Law for Alabama on
Answered on Dec 20, 2016

Not in Alabama, which is a "one party consent" state for purposes of wiretapping.
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Q: Is network news liable to a viewer/investor/voter if they entered into any contracts based on inaccurate media coverage?

1 Answer | Asked in Business Law, Communications Law, Contracts and Election Law for Rhode Island on
Answered on Dec 20, 2016

No. Fraud requires an intention to defraud, knowingly false statements and a duty of care to the other party. Largely the same for securities law purposes. News media are supposed to be accurate but do not have a legal obligation to investors, voters or even viewers.
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Q: Can a harassment suit be filed for 1 angry email that the sender apologized for after receiving legal threat

1 Answer | Asked in Employment Law, Civil Litigation, Communications Law and Small Claims for California on
Answered on Dec 7, 2016

Harassment typically involves repeated actions. I don't hear a case for harassment here, but the best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice nor does it create any Attorney-Client relationship.
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