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Western New England University School of Law

2022

Administrative law

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Administrative Law—Defamation By The Nation: The Westfall Act And Scope Of Employment For Elected Officials, Sean Buxton Jan 2022

Administrative Law—Defamation By The Nation: The Westfall Act And Scope Of Employment For Elected Officials, Sean Buxton

Western New England Law Review

Are members of Congress or the President immune from defamation suits? Officially, the law provides for no such immunity. However, a line of cases interpreting the Federal Tort Claims Act and the Westfall Act threaten to create such an immunity for all elected officials. In such a world, powerless people can be defamed by the most powerful officials in the country without any recourse in the court system to preserve their reputations.

Journalist E. Jean Carroll discovered the potential for such an immunity when she brought a defamation suit against President Donald Trump after he denied her allegations of rape …


The Big Tech Accountability Act: Reforming How The Biggest Corporations Control And Exploit Online Communications, Ben Clements Jan 2022

The Big Tech Accountability Act: Reforming How The Biggest Corporations Control And Exploit Online Communications, Ben Clements

Western New England Law Review

A handful of global corporations have taken control of the internet, the dominant medium of modern communication and commerce, and have used that control to create and sell databases of personal information of Americans and to systematically amplify dangerous disinformation and violence on an unprecedented scale. This has created a growing threat to our democracy and our people.

While our elected officials and many in the media claim to recognize the danger, a corporate-friendly First Amendment absolutism and misguided fears about chilling voices on the internet have preempted any serious effort at reform or regulation. Neither the First Amendment nor …