Digital Commons Network^™

The Junk Food Problem: Why The Law Allows Advertising To Kids And How To Implement Change, Makenna Hardy, Madison Maloney

Brigham Young University Prelaw Review

Rapid technological advancements have increased the methods in which advertisers can reach the public, specifically children. As obesity rates increase among America’s youth, more stringent advertising laws barring junk food exposure have been advocated for. Since the Supreme Court has determined commercial free speech as deserving full First Amendment coverage, the rights of advertisers frequently inhibit productive methods of protecting children from junk food advertisements. This article examines the current standards safeguarding both children and advertisers and the feasibility of restricting advertising to kids within the limitations of commercial speech protections.

Presuming Trustworthiness, Ronnell Anderson Jones, Sonja R. West

Scholarly Works

A half-century ago, the U.S. Supreme Court often praised speakers performing the press function. While the Justices acknowledged that press reports are sometimes inaccurate and that media motivations are at times less than public-serving, their laudatory statements nonetheless embraced a baseline presumption of the value and trustworthiness of press speech in general. Speech in the exercise of the press function, they told us, is vitally important to public discourse in a democracy and therefore worthy of protection even when it falls short of the ideal in a given instance. Those days are over. Our study of every reference to the …

Reconciling Self-Censorship: A Qualitative Study Of The Experiences Of University Staff And Administrators, Leigh C. Morales

Doctoral Dissertations

In addition to a global pandemic, the past three years have been marked by racial, social, and political unrest. These circumstances add meaningful context to examine and better understand factors that undermine free expression and contribute to self-censorship among university staff and administrators. To date, few studies have holistically explored the unique experiences of university staff and administrators with self-censorship and how this phenomenon affects their experience on college and university campuses. Understanding why staff and administrators choose to self-censor may allow for a deeper discussion about speech climate and the degree to which colleges and universities implement and uphold …

Free Speech On Social Media: Unrestricted Or Regulated?, Alessandra Garcia Guevara

Student Writing

Social media has evolved into an essential mode of communication in recent years, allowing people to express their thoughts with the audience of their choice by sending private messages, posting their thoughts, or sharing their opinions. Such audiences can come from all over the world because this online technology breaks down geographic, linguistic, and cultural barriers. As a result, social media has evolved into a powerful tool for self-expression, allowing anyone with an Internet connection to participate in global debates. However, its misuse has had disastrous consequences in the real world, such as the attack on the Capitol that occurred …

Obstruction Of Journalism, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

Identifying oneself as press used to be a near-grant of immunity. It meant safer passage through all manner of dangerous terrain. But today, being recognizable as a journalist may be more likely to make one a target.

Physical attacks against journalists in the United States increased nearly 1,300 percent in 2020. The rate of online violence against journalists is also soaring. This violence is aimed almost entirely at women, people of color, non-Christians, and non-straight journalists. It silences voices already relegated to the edges. Rather than letting our national conversation branch, the violence attempts to shear it to a white, …

The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler

Notre Dame Journal on Emerging Technologies

This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …

Free Speech In The Internet Era: Reviewing Policies Seeking To Modify Section 230 Of The Communications Decency Act Of 1996, Jacob Cordeiro

Senior Honors Projects

Section 230 of the Communications Decency Act (CDA), has for over two decades provided “interactive computer services” a legal liability shield for defamatory or otherwise actionable user-generated content posted on their platforms and, for lawsuits stemming over unequal enforcement of their content policies provided enforcement efforts are taken in “good faith.” This law, passed in the early days of the Internet, incubated the Internet and social media, giving it the regulatory freedom it needed to grow into a platform where hundreds of millions of Americans can exchange ideas and engage in political and social discourse. Yet, for all the good …

Censorship Concerns In College Media: A Multiple Case Study Analysis On The Silencing Of Student Journalists, Haley Nicole Matlock

LSU Doctoral Dissertations

The aim of this qualitative study was to conduct a multiple case study that provides an analysis of censorship concerns at campus newspapers affiliated with public, four-year universities. Eighteen individuals from seven institutions participated in interviews. Interviewees consisted of former and current student journalists and advisers who worked at university publications where allegations of censorship have occurred within the last decade. The Student Press Law Center routinely investigates claims of censorship and provides pro bono legal counsel to student journalists (Zagier, 2011). While courts commonly sided with students in disagreements regarding free speech, Hazelwood v Kuhlmeier (1988) scaled back freedoms …

Lawyers For White People?, Jessie Allen

Articles

This article investigates an anomalous legal ethics rule, and in the process exposes how current equal protection doctrine distorts civil rights regulation. When in 2016 the ABA Model Rules of Professional Conduct finally adopted its first ever rule forbidding discrimination in the practice of law, the rule carried a strange exemption: it does not apply to lawyers’ acceptance or rejection of clients. The exemption for client selection seems wrong. It contradicts the common understanding that in the U.S. today businesses may not refuse service on discriminatory grounds. It sends a message that lawyers enjoy a professional prerogative to discriminate against …

Exploring Religious Freedom In The American Workplace, Joanna Moran

Senior Honors Theses

The First Amendment specifically protects the freedom of religion, an idea that has been championed in America for over two centuries. In the workplace, religious freedom is more limited. Equal Employment Opportunity Commission v. United Health Programs of American Inc. and Cost Containment Group Inc. (2016) serves as an example of how some religious expression must be limited in order to protect religious freedoms of the majority in the workplace. The purpose of this thesis is to determine how First Amendment religious freedoms are being protected and restricted in the workplace. This research is relevant to working Americans, as the …

Spring 2020

Conversations

Dean's Letter: With Pride and Gratitude; Free Speech and the American Way; Engagement Takes Center Stage: The new Center for Communication Engagement wants to get students, faculty and the community talking; On a Mission to Diversify Advertising: Summer BRAND camp introduces diverse students to the advertising industry; Where the Action Is: Alumna Ximena Larkin finds excitement and fulfillment in the heart of Chicago; An In-Depth View of Black Student Protests; An Eye-Opening Experience: Journalism student Nikki Roberts turns her passion for writing into a career; Around the College; Accolades

Social Media And Censorship: Rethinking State Action Once Again, Michael Patty

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Workplace Bullying Policies, Higher Education And The First Amendment: Building Bridges Not Walls, Frances L. M. Smith, Crystal Rae Coel

Faculty & Staff Research and Creative Activity

The purpose of this article is to demonstrate that higher education institutions should change their Faculty Codes of Conduct to reflect workplace bullying as a form of unacceptable harassment. The article first provides a definition for workplace bullying; secondly, it offers an analysis of how the First Amendment is not an absolute, especially in the workplace; thirdly, it examines the scant legislative and judicial attention that is given to this issue; and finally, an argument is made to show how colleges and universities are not providing clear enough policies and procedures to address workplace bullying. That argument focuses on results …

(Lie)Alectics And The Discursive Dequeerification Of Political Spaces Based On Religious Freedoms: A Critical Rhetorical Analysis Of The Mormon And Gay Website, Myra N. Roberts

Communication ETDs

Over the past decade, sexual orientation and identity has increasingly been added to state and federal anti-discrimination laws, prompting a rhetorical situation by the Christian Right in attempts to exempt themselves from upholding anti-discrimination laws pertaining to sexual identity and orientation. This study analyzes the Mormon and Gay website—a website dedicated to advancing the position of the Mormon Church on issues of non-heterosexuality. Utilizing rhetorical textual analysis, I develop two theoretical frameworks: (lie)alectics and dequeerification to demonstrate how the discourse under examination attempts to appear non-homophobic while maintaining homophobic church doctrine. I argue that this model stands to influence the …

The Understanding Of Absolute Right To Freedom Of Expression In The Case Of Hate Speech, Qinqin Wang

USF Tampa Graduate Theses and Dissertations

The purpose of this paper is to explore whether there is an absolute right to freedom of expression with regard to hate speech, and more specifically, whether tolerance should be exercised toward speech even in circumstances where this speech presents a clear and present danger to the public. The author will use legal research methods to analyze this question. The paper will delve into four major Supreme Court cases in the case of hate speech, as well as the decision by the Virginia Court that allowed the rally in Charlottesville which ended with the death of 32-year old woman. The …

Gander Thinks We Need More Civility In Public Discourse, Aldemaro Romero Jr.

Publications and Research

“I became a professor of communication studies because I like talking about public arguments.” That’s how Dr. Eric Gander explains why he is what he is today. And in this era of public discussions of free speech and the First Amendment, his interests seem more relevant than ever.

Gander is a native of Tallahassee, Florida. He received a bachelor’s in economics a master’s in communication from the University of Virginia, and a doctorate in communication studies from Northwestern University. Today he is an associate professor in the Department of Communication Studies of the Weissman School of Arts and Sciences at …

Creating The Public Forum, Samantha Barbas

Samantha Barbas

The public forum doctrine protects a right of access - “First Amendment easements” - to streets and parks and other traditional places for public expression. It is well known that the doctrine was articulated by the Supreme Court in a series of cases in the 1930s and 1940s. Lesser known are the historical circumstances that surrounded its creation. Critics believed that in a modern world where the mass media dominated public discourse - where the soap box orator and pamphleteer had been replaced by the radio and mass circulation newspaper - mass communications had undermined the possibility of widespread participation …

2017 Constitution Day Essay Contest 1st Place--Donald Trump: The Modern Day Killer Of The First Amendment, Ryann Schoenbaechler

Constitution Day Essay Contest

No abstract provided.

2017 Constitution Day Essay Contest 3rd Place--The Fine Line Between Criticism And Control: How The Trump Administration Is Weakening Freedom Of The Press, Michael Di Girolamo

Constitution Day Essay Contest

No abstract provided.

2017 Constitution Day Essay Contest Honorable Mention--Liberty And Responsibility, Callum Case

Constitution Day Essay Contest

No abstract provided.

2017 Constitution Day Essay Contest Honorable Mention--On The Consequences Of “Free Speech”, Duncan Barron

Constitution Day Essay Contest

No abstract provided.

2017 Constitution Day Essay Contest 2nd Place, Kelsey Mattingly

Constitution Day Essay Contest

No abstract provided.

2017 Constitution Day Essay Contest Honorable Mention--On Freedom Of Expression, Emily Baehner

Constitution Day Essay Contest

No abstract provided.

Making News: Balancing Newsworthiness And Privacy In The Age Of Algorithms, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

In deciding privacy lawsuits against media defendants, courts have for decades deferred to the media. They have given it wide berth to determine what is newsworthy and so, what is protected under the First Amendment. And in doing so, they have often spoken reverently of the editorial process and journalistic decision-making.

Yet, in just the last several years, news production and consumption has changed dramatically. As we get more of our news from digital and social media sites, the role of information gatekeeper is shifting from journalists to computer engineers, programmers, and app designers. The algorithms that the latter write …

The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson

Journalism

The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …

Celebrities’ Expansive “Right Of Publicity” Infringes Upon Advertisers’ First Amendment Rights, Jon Siderits

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Censorship Is Not All Bad, Barry Jason Mauer

UCF Forum

Censorship is not all bad! Free-speech idealists argue that the solution to bad speech (misinformation, lies, abusive language, etc.) is not censorship but more speech. But bad speech can, and often does, drown out the good.

The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.

Communication and Theater Association of Minnesota Journal

The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …

God's Eye News: The Use Of Drones In Journalism, A Documentary Film, Robert Lance Carroll

Theses and Dissertations

This thesis uses the format of documentary film to investigate the aesthetic, legal, and ethical issues surrounding the use of Unmanned Aircraft Systems, commonly known as drones, in journalism. Particularly important are the topics of public perception, safety, freedom of speech, and privacy. Do journalists' First Amendment protections extend to the right to gather images using drones? How will the privacy of citizens be protected against aerial cameras that can go virtually unnoticed? Can drones be safely integrated into the National Airspace System? The goal of the documentary is not necessarily to answer these questions, but to gather opinions from …

“Much Dispute And Wonderful Contentions”: Modern First Amendment Values In The Book Of Mormon, Edward L. Carter

Faculty Publications

The First Amendment’s free speech clause, like the religious exercise clause, is profoundly counter-majoritarian. So the fact that a religious point of view is unpopular or out of step with a majority of society is not justification to suppress its expression. Rather, the unpopularity of religious views is the very reason why religious expression should be protected from government or private censorship. Free speech, including religious expression, strengthens and stabilizes society, enables the search for truth, provides a check on government power, facilitates self-governance and fosters autonomy. The Book of Mormon teaches Mormons to respect the contributions of free expression …