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The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
The Future Of Freedom Of Expression Online, Evelyn Mary Aswad
Duke Law & Technology Review
Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …
Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire
Duke Law & Technology Review
The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate students’ constitutional …
Journal Staff
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Loyal Denominatorism And The Fourteenth Amendment: Normative Defense And Implications, Christopher R. Green
Loyal Denominatorism And The Fourteenth Amendment: Normative Defense And Implications, Christopher R. Green
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
“Safe Spaces” And The Educational Benefits Of Diversity, Vinay Harpalani
“Safe Spaces” And The Educational Benefits Of Diversity, Vinay Harpalani
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Procedural Checks: How The Constitution (And Congress) Control The Power Of The Three Branches, Todd David Peterson
Procedural Checks: How The Constitution (And Congress) Control The Power Of The Three Branches, Todd David Peterson
Duke Journal of Constitutional Law & Public Policy
No abstract provided.
Why Deporting Immigrants For “Crimes Involving Moral Turpitude” Is Now Unconstitutional, Lindsay M. Kornegay, Evan Tsen Lee
Why Deporting Immigrants For “Crimes Involving Moral Turpitude” Is Now Unconstitutional, Lindsay M. Kornegay, Evan Tsen Lee
Duke Journal of Constitutional Law & Public Policy
In the best of times, immigrants should only be deported according to the rule of law and not by the whim of executive branch officials. Now, it is imperative. Yet the statute authorizing removal of immigrants for “crimes involving moral turpitude” invites officials to base their prosecutorial choices on political or personal views. As a result, defense attorneys advising their clients on the immigration consequences of pleas have no basis for prediction. Although the Supreme Court long ago rejected the argument that the “moral turpitude” clause was void for vagueness, one of the Court’s most recent decisions now makes that …