Technically, It Wasn't Me: How a Questionable Finding of Copyright Infringement May Chill Journalism in the Social Media Age

Comment by Ryan McNamara

This Comment discusses the inherent tension between the First Amendment's guarantee of a free press and federal copyright law and examines how the United States District Court for the Southern District of New York's decision in Goldman v. Breitbart News Network, LLC, 302 F. Supp. 3d 585 (S.D.N.Y. 2018), could create a "chilling effect" within the news industry. In particular, this Comment explains the constitutional origins of federal copyright law and free press considerations, discusses the court's reasoning and outcome in Goldman, examines the flaws in the court's conclusion and conducts a fair use analysis of Goldman.

About the Author

Ryan McNamara: J.D. 2019, Tulane University Law School; B.A. 2016, University of Chicago.


93 Tul. L. Rev. 1255 (2019)