Digital Commons Network^™

Press Freedom Under Threat In Europe: Slapps And Democracy, Maya Oleary-Cyr

Claremont-UC Undergraduate Research Conference on the European Union

This paper critically examines the legal systems of European countries and their relationship to press freedom, particularly the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Although the issue is global, this research analyzes the issue through the lens of Greece, Italy, and Hungary. As member states, each one of these countries has an obligation to uphold the democratic standards put forth by the EU. Journalists are a vital aspect of the democratic process …

Falsehoods, Foreign Interference, And Compelled Speech In Singapore, Kenny Chng

Research Collection Yong Pung How School Of Law

Online misinformation endangers the infrastructure of fact essential to public discourse and presents an even greater threat where it is being utilised as a weapon by hostile state actors. In recognition of these dangers, Singapore has implemented legal measures to combat online misinformation, enacting in quick succession the Protection from Online Falsehoods and Manipulation Act (POFMA) and the Foreign Interference (Countermeasures) Act (FICA). These statutes open up novel frontiers of development for Singapore's free speech jurisprudence. Indeed, these statutes confer upon government authorities the power to compel the authors of certain material to display notices stating that the material contains …

A Free Speech-Based Response To Media Polarization, R. George Wright

FIU Law Review

The degree of polarization, distrust, and animosity in the political elements of our social media have reached remarkable levels. But any attempt to address the relevant problems that requires legal enforcement inevitably raises serious issues of free speech and free press. Relying instead on fact checkers has its own numerous, substantial, and inevitable limitations, some of which parallel the very problems sought to be addressed. More promising are political social media reforms, akin to that proposed herein, that are voluntary, generally pluralistic and critical, reflective of the relevant social science evidence, and unlikely to raise problems of free speech and …

Press Freedom Under Threat In Europe: A Case Study Analysis Of The Increasing Threat To Press Freedom In Greece, Italy, And Hungary, Maya O'Leary-Cyr

Undergraduate Honors Theses

This research critically examines the legal systems of European countries and their relationship to press freedom. This research focuses on the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Considering the scope of the problem, this research analyzes the issue through the lens of European countries Greece, Italy, and Hungary. Being members of the European Union, each of these countries have an obligation to uphold the democratic standards put forth by the EU as …

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 …

Content Moderation As Surveillance, Hannah Bloch-Wehba

Faculty Scholarship

Technology platforms are the new governments, and content moderation is the new law, or so goes a common refrain. As platforms increasingly turn toward new, automated mechanisms of enforcing their rules, the apparent power of the private sector seems only to grow. Yet beneath the surface lies a web of complex relationships between public and private authorities that call into question whether platforms truly possess such unilateral power. Law enforcement and police are exerting influence over platform content rules, giving governments a louder voice in supposedly “private” decisions. At the same time, law enforcement avails itself of the affordances of …

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 …

Calls For Change: Seeing Cancel Culture From A Multi-Level Perspective, Tomar Pierson-Brown

Articles

Transition Design offers a framework and employs an array of tools to engage with complexity. “Cancel culture” is a complex phenomenon that presents an opportunity for administrators in higher education to draw from the Transition Design approach in framing and responding to this trend. Faculty accused of or caught using racist, sexist, or homophobic speech are increasingly met with calls to lose their positions, titles, or other professional opportunities. Such calls for cancellation arise from discreet social networks organized around an identified lack of accountability for social transgressions carried out in the professional school environment. Much of the existing discourse …

Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion

Dickinson Law Review (2017-Present)

No abstract provided.

How Should We Regulate The Internet? A Proposal, Natalie Petruzelli

The Review: A Journal of Undergraduate Student Research

With the invention of the internet providing newfangled methods of spreading information around the world, misinformation has also found home in these pathways, disrupting the general public’s ability to discern fact from fiction and creating divides in society. Regulation must be enacted to stop the effects of misinformation, but the efforts of technology companies and the general public have been insufficient thus far. Regulatory control of the internet and its content should be the responsibility of the government, based on their constitutional right to intervene under certain circumstances and the fact that previous efforts by other parties to mitigate misinformation …

The First Amendment, Common Carriers, And Public Accommodations: Net Neutrality, Digital Platforms, And Privacy, Christopher S. Yoo

All Faculty Scholarship

Recent prominent judicial opinions have assumed that common carriers have few to no First Amendment rights and that calling an actor a common carrier or public accommodation could justify limiting its right to exclude and mandating that it provide nondiscriminatory access. A review of the history reveals that the underlying law is richer than these simple statements would suggest. The principles for determining what constitutes a common carrier or a public accommodation and the level of First Amendment protection both turn on whether the actor holds itself out as serving all members of the public or whether it asserts editorial …

The Second Founding And The First Amendment, William M. Carter Jr.

Articles

Constitutional doctrine generally proceeds from the premise that the original intent and public understanding of pre-Civil War constitutional provisions carries forward unchanged from the colonial Founding era. This premise is flawed because it ignores the Nation’s Second Founding: i.e., the constitutional moment culminating in the Thirteenth, Fourteenth, and Fifteenth Amendments and the civil rights statutes enacted pursuant thereto. The Second Founding, in addition to providing specific new individual rights and federal powers, also represented a fundamental shift in our constitutional order. The Second Founding’s constitutional regime provided that the underlying systemic rules and norms of the First Founding’s Constitution …

Temporality In A Time Of Tam, Or Towards A Racial Chronopolitics Of Intellectual Property Law, Anjali Vats

Articles

This Article examines the intersections of race, intellectual property, and temporality from the vantage point of Critical Race Intellectual Property ("CRTIP"). More specifically, it offers one example of how trademark law operates to normalize white supremacy by and through judicial frameworks that default to Euro-American understandings of time. I advance its central argument-that achieving racial justice in the context of intellectual property law requires decolonizing Euro-American conceptions of time by considering how the equitable defense of laches and the judicial power to raise issues sua sponte operate in trademark law. I make this argument through a close reading of the …

Judicial Voting In U.S. District Courts Located In The Second And Fifth Circuits In First Amendment Retaliation Cases Involving Law Enforcement Officers, Selena Renee Aguirre

Criminology & Criminal Justice Theses

This study examined the influence of party affiliation, as measured by the party of the appointing president; legal precedent; judicial circuit (Second or Fifth); race; gender; and prior prosecutorial experience on voting by U.S. District Court judges in First Amendment retaliation cases brought law enforcement officials against their employers. Applying binary logistic regression analyses to a data set comprised of 163 judicial votes with pro-plaintiff and pro-defendant voting serving as the dependent measure, the results indicated that only judges’ party affiliation had a significant effect on voting (Wald= 4.469, 1 df., p= .035) president. There was a .437 decrease in …

The First Amendment And The Right(S) Of Publicity, Jennifer E. Rothman, Robert C. Post

All Faculty Scholarship

The right of publicity protects persons against unauthorized uses of their identity, most typically their names, images, or voices. The right is in obvious tension with freedom of speech. Yet courts seeking to reconcile the right with the First Amendment have to date produced only a notoriously confused muddle of inconsistent constitutional doctrine. In this Article, we suggest a way out of the maze. We propose a relatively straightforward framework for analyzing how the right of publicity should be squared with First Amendment principles.

At the root of contemporary constitutional confusion lies a failure to articulate the precise state interests …

Under Discussion: Free Speech, Cancel Culture, And Compassion, Rachel Robinson-Greene

Languages, Philosophy, and Communication Studies Faculty Publications

In July, 2020, Harper’s Magazine published a letter signed by 153 prominent authors and thinkers. Signatories included figures such as Noam Chomsky, Gloria Steinem, and J.K. Rowling. Their main contention was that an “illiberal left” has emerged in recent political discourse — a left that allows no room for divergent points of view and that deals with “wrongdoers” swiftly and mercilessly.

Disappearing Act: Are Free Speech Rights Decreasing?, Michael Conklin

St. Mary's Law Journal

Abstract forthcoming.

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

Free Speech And Good Omens, Rachel Robinson-Greene

Languages, Philosophy, and Communication Studies Faculty Publications

On May 13th, a Christian group called Return to Order began circulating an online petition to “Tell Netflix: Cancel Blasphemous ‘Good Omens’ Series.” So far, the petition has received over 21,000 signatures and has attracted the attention of many more. It generated substantial buzz in news sources and on social media, but perhaps not for the reasons that those who started it had hoped—Good Omens, an adaptation of a book written by Neil Gaiman and Terry Pratchett, was produced as a collaboration between Amazon and the BBC. The series was not made by nor is it hosted on Netflix. There …

General Campus Climate From A Conservative Student Perspective, Sarah Mattick

Student Symposium

Campus Climate Research studies how students and others in a college community feel about the climate of their institutions, especially how the climate facilitates learning, growth, and expression. Typically, this research has been applied to diversity concerns, especially in the decades after affirmative action became a common practice in higher education admissions. My research adds to this literature, because in the midst of creating a campus community and campus climate that is sensitive and in alliance with the needs of marginalized students, institutions will often find that a struggle occurs between the needs of marginalized students and the perceived neglect …

Missing The (Turning) Point: The Erosion Of Democracy At An American University, Anthony Fucci, Theresa Catalano

Department of Teaching, Learning, and Teacher Education: Faculty Publications

On August 25, 2017, student members of Turning Point USA (TPUSA), a right-wing conservative organization who advocates for smaller government and free market enterprise, recruited on the University of Nebraska–Lincoln (UNL) campus. Members of the UNL community protested nearby. Part of the protest was recorded on video and released to social media leading to harsh public criticism that accused the university of restricting free speech and being an unsafe environment for conservative students. Drawing on cognitive linguistics (e.g. metonymy, framing) and multimodal critical discourse analysis (MCDA), this paper explores how the TPUSA incident at UNL was recontextualized in local and …

Reds Among The Cream And Crimson, Kelly Kish

Historic Documents

What happened when three IU law professors were accused of harboring Communist sympathies in 1946.

Originally published in the publication 200 The Bicentennial Magazine, Volume 2, Issue 1, January 2019.

On Blasphemy: Immigrant Muslim Leaders In America, Angela Ewing

Walden Dissertations and Doctoral Studies

Some Muslim immigrants in the United States have difficulty reconciling American free speech rights with the blasphemy component of Islamic law, which often requires death for those who criticize Islam. Little academic literature addresses reconciliation of Islamic beliefs with the Constitutional right to free speech or information on Muslim political participation regarding free speech. Using policy feedback theory as the foundation, the purpose of this phenomenological study was to understand the experiences of Muslim immigrants who practice Islam in a free speech society. Data were collected from a sample of 10 immigrant Muslim imams, scholars, and community leaders in Virginia …

Challenging Calls For Civility, Reshmi Dutt-Ballerstadt

Faculty Publications

In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.

Should The Nfl’S Players Have To Pay To Protest?, Rachel Robinson-Greene

Languages, Philosophy, and Communication Studies Faculty Publications

This May, the NFL announced a new policy—any team with a member who kneels during the National Anthem will have to pay a fine. The policy was decided by a vote of the team owners. Union representatives for the players were not aware of the decision until it was announced. This new policy is a change in tone from the attitudes the league expressed last year and is a further development in an ongoing controversy sparked by players’ decision to protest by taking a knee during the National Anthem. In August 2016, Colin Kaepernick made headlines for kneeling during the …

When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt

Faculty Publications

In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and …

Political Rhetoric: The Modern Parrhesia, Jessica Townsend

The Catalyst

The concept of parrhesia, or free speech, was explored by the philosopher Michel Foucault to describe the discourse between a person of high political power and a subordinate, wherein the subordinate is risking his own well-being or freedom in order to convey an unwelcome truth. In Foucault’s Discourse and Truth lectures, he briefly entertains a link between political rhetoric and parrhesia before dismissing the concepts as completely incompatible. According to Foucault, parrhesia requires a dialectic format and a real threat to the speaker, and rhetorical speeches lack both. However, the scholar of Greek philosophy, Laurent Pernot, hosted a lecture …

Finding Freedom For The Thoughts We Hate, John M. Greabe

Law Faculty Scholarship

In his dissenting opinion in United States v. Schwimmer (1929), Supreme Court Justice Oliver Wendell Holmes, Jr., famously defended tolerance as an indispensable constitutional value. He wrote: “[I]f there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought – not free thought for those who agree with us but freedom for the thought that we hate.”

Yet accepting that the Constitution protects the thought that we hate can be difficult, even during the best of times. And these are far from the best of times. Nuclear brinksmanship …

Manslaughter By Text Message, Rachel Robinson-Greene

Languages, Philosophy, and Communication Studies Faculty Publications

In 2014, Conrad Roy III, an eighteen-year-old resident of Fairhaven, Massachusetts, committed suicide. Roy placed a generator inside the cab of his pickup truck to facilitate the production and inhalation of a lethal amount of carbon monoxide.

Data Insertion In Bitcoin's Blockchain, Andrew Sward, Vecna Op_0, Forrest Stonedahl

Computer Science: Faculty Scholarship & Creative Works

This paper provides the first comprehensive survey of methods for inserting arbitrary data into Bitcoin's blockchain. Historical methods of data insertion are described, along with lesser-known techniques that are optimized for efficiency. Insertion methods are compared on the basis of efficiency, cost, convenience of data reconstruction, permanence, and potentially negative impact on the Bitcoin ecosystem.