Digital Commons Network^™

Freedom Of Algorithmic Expression, Inyoung Cheong

University of Cincinnati Law Review

Can content moderation on social media be considered a form of speech? If so, would government regulation of content moderation violate the First Amendment? These are the main arguments of social media companies after Florida and Texas legislators attempted to restrict social media platforms’ authority to de-platform objectionable content.

This article examines whether social media companies’ arguments have valid legal grounds. To this end, the article proposes three elements to determine that algorithms classify as “speech:” (1) the algorithms are designed to communicate messages; (2) the relevant messages reflect cognitive or emotive ideas beyond mere operational matters; and (3) they …

Networks Of Threats: Interconnection, Interaction, Intermediation, Julien Theron

Journal of Strategic Security

The rapidly changing global security environment requires to constantly adapt our understanding of threats. The findings of this paper confirm that threats interact with each other on three levels. Security, conflict, war, and strategic studies converge to build a new qualitative theoretical framework for threat analysis. Shaping the global security environment, threats communicate on three levels. Firstly, the interconnection of agents with similar ideological and/or strategic motivations connects threats. Secondly, interaction exacerbates incidental threats through cooperation, competition, and convergence. Thirdly, intermediation occurs between antagonistic threats trying to achieve common intermediary objectives. These networks are driven by agents maximizing their impact …

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 …

A Subaltern Pastor Versus A Dictator President In The #Thisflag Movement In Zimbabwe, Theophilus Nenjerama

Irish Communication Review

Social movements that challenge political infrastructures require substantial themes that resonate with the masses. The #ThisFlag movement was the first massive post-independent social media engendered protest that left an indelible mark on Zimbabwean politics and history. This study deem the movement the ‘cult of Mawarire’ due to the centrality of compelling issues used in galvanizing the masses to action. The cult is a reactionary force navigating sacrosanct issues of identity, politics, and nationalism as inscribed in the flag and the liberation struggle in Zimbabwe. To make meaning of the messages conveyed by Evan Mawarire, the study references to the videos …

Terrorist Speech On Social Media, Alexander Tsesis

Vanderbilt Law Review

The presence of terrorist speech on the internet tests the limits of the First Amendment. Widely available cyber terrorist sermons, instructional videos, blogs, and interactive websites raise complex expressive concerns. On the one hand, statements that support nefarious and even violent movements are constitutionally protected against totalitarian-like repressions of civil liberties. The Supreme Court has erected a bulwark of associational and communicative protections to curtail government from stifling debate through overbroad regulations. On the other hand, the protection of free speech has never been an absolute bar against the regulation of low value expressions, such as calls to violence and …

Wide Right: How Isp Immunity And Current Laws Are Off The Mark In Protecting The Modern Athlete On Social Media, Dominick J. Mingione

Pace Intellectual Property, Sports & Entertainment Law Forum

“[Y]our tranny looking dad is a disgrace to American football,” “I would rape the shit out of her,” and “[The] [B]ears are easier than you on prom night,” are just a sampling of some of the alarmingly harassing tweets received by Chloe Trestman between the night of November 9, 2014 and November 10, 2014. Who is Chloe Trestman, and what could she have possibly done to warrant such abuse? Chloe’s father is Marc Trestman, the head coach of the Chicago Bears. And the twitter vitriol, or “twitriol,” directed toward Chloe was in response to the Bears’ blowout loss to their …

The Constitution And Revenge Porn, John A. Humbach

Pace Law Review

While the Supreme Court has recognized a number of circumstances that justify government impingements on free expression, the Court has been extremely reluctant to permit speech restrictions that discriminate based on a message’s content, its viewpoint, or the speaker. It has nearly always refused to tolerate such discrimination unless the case falls within one of the several historically established exceptions to First Amendment protection. Because of the special place that the modern First Amendment cases accord to content discrimination (and the allied discriminations based on viewpoint and speaker), any statutes designed specifically to outlaw revenge porn as such would seem …