Law Commons^™

Brief For Petitioners, Gonzalez V. Google, 143 S.Ct. 1191 (2023) (No. 21-1333), Eric Schnapper, Robert J. Tolchin, Keith L. Altman

Court Briefs

QUESTION PRESENTED: Section 203(c)(1) of the Communications Decency Act immunizes an “interactive computer service” (such as YouTube, Google, Facebook and Twitter) for “publish[ ing] ... information provided by another” “information content provider” (such as someone who posts a video on YouTube or a statement on Facebook). This is the most recent of three court of appeals’ decisions regarding whether section 230(c)(1) immunizes an interactive computer service when it makes targeted recommendations of information provided by such another party. Five courts of appeals judges have concluded that section 230(c)(1) creates such immunity. Three court of appeals judges have rejected such immunity. …

Forms Of Expression Of Will In Constitutional Texts Regulating Rights And Freedoms And Its Impact On Their Guarantee: A Comparative Study), Fatima Zohra Ramdani Dr.

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The study presents the problem of multiple method of expression in drafting constitutional legal rules related to the rights and freedoms of individuals, because the good constitutional rule simplifies the difficulties related to understanding and applying them, and spreading legitimate confidence in the legal system of the state, which results in protecting the legal framework in which individuals and state authorities interact alike the objective of the state of law.

The recherche revealed that the multiplicity of methods, and how to provide for rights and freedoms has two butt: the first hand is demonstrates the interest of the constitutional founder …

Blocking Nature's Vulnerable Calls For Help: The Tenth Circuit Dials Into The Telecommunications Act's Federal Environmental Preemption Clause In Santa Fe Alliance V. City Of Santa Fe, Samantha Speiss

Villanova Environmental Law Journal

No abstract provided.

Zero Textbook Cost Syllabus For Com 3045 (Communication, Law, And Free Speech), Donovan Bisbee

Open Educational Resources

From pornography to political speech, from the lewd to the libelous, and everywhere in between, the law is forever drawing lines that divide protected speech (what you can say in America) from unprotected speech (what you cannot say in America). This is an interdisciplinary course that draws on philosophical, legal, and rhetorical theories of communication to help explain how those lines are drawn. Readings include famous court cases involving freedom of speech, as well as political and philosophical writings on all sides of the free speech debate. This course is part of the required core for the Communication Studies Major, …

Aclp - Broadband Planning Tool Kit - October 2022, New York Law School

Reports and Resources

This Tool Kit provides state and local policymakers with a range of resources and analyses for use during broadband planning. The Tool Kit focuses on the array of grant and other funding opportunities available to states and localities as a result of the Infrastructure Investment & Jobs Act, as well as other pandemic-era stimulus programs. However, the Tool Kit is also useful for broadband planning outside of these specific funding programs. Indeed, the Tool Kit offers foundational planning resources that can be used now and in the future by officials, ISPs, and other stakeholders in the broadband space.

Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll

Washington and Lee Journal of Civil Rights and Social Justice

The federal Wiretap Act—originally enacted to curtail the government’s unbridled use of wiretaps to monitor telephonic communications—was amended in 1986 to provide a private right of action, extending the Act’s Fourth Amendment-like protections to private intrusions. Since the advent of the internet, plaintiffs have attempted to predicate claims of unauthorized online privacy intrusions on the Wiretap Act. In response, defendants claim they are parties to the communications at issue and should be absolved of liability under the Act’s party exception. The federal circuit courts of appeal disagree on how the party exception applies in the internet context. This Note evaluates …

Aclp - Overview Of Bead Program (Updated) - October 2022, New York Law School

Reports and Resources

No abstract provided.

Countering Personalized Speech, Leon G. Ho

Northwestern Journal of Technology and Intellectual Property

Social media platforms use personalization algorithms to make content curation decisions for each end user. These personalized recommendation decisions are essentially speech conveying a platform's predictions on content relevance for each end user. Yet, they are causing some of the worst problems on the internet. First, they facilitate the precipitous spread of mis- and disinformation by exploiting the very same biases and insecurities that drive end user engagement with such content. Second, they exacerbate social media addiction and related mental health harms by leveraging users' affective needs to drive engagement to greater and greater heights. Lastly, they erode end user …

Representation Without Elections: Civil Society Participation As A Remedy For The Democratic Deficits Of Online Speech Governance, Brenda Dvoskin

Villanova Law Review

No abstract provided.

Beyond True And False: Fake News And The Digital Epistemic Divide, Gilad Abiri, Johannes Buchheim

Michigan Technology Law Review

The massive fact-checking, flagging, and content removal campaigns run by major digital platforms during the 2020 elections and the Covid-19 pandemic did some good. However, they failed to prevent substantial portions of the population from believing that the election was stolen or that vaccinations are dangerous.

In this Article, we argue that the reason for the ineffectiveness of truth-based solutions—such as fact-checking— is that they do not reach the heart of the problem. Both scholars and policymakers share the implicit or explicit belief that the rise of digital fake news is harmful mainly because it spreads false information, which lays …

Private Censorship, Disinformation And The First Amendment: Rethinking Online Platforms Regulation In The Era Of A Global Pandemic, Tzu- Chiang Huang

Michigan Technology Law Review

The proliferation of online disinformation and the rise of private censorship are paradigmatic examples of the challenges to traditional First Amendment jurisprudence in an algorithmic society. The limitations of traditional First Amendment jurisprudence are amplified by the impact of the COVID-19 pandemic in two ways. On the one hand, in the wake of the pandemic, we have entered an “infodemic” era where the volume of disinformation, as well as the harm it causes have reached unprecedented levels. For example, health disinformation has contributed to vaccine hesitancy. On the other hand, even though the proliferation of online disinformation seems to suggest …

Weaponizing Proof Of Harm In First Amendment Cases: When Scientific Evidence And Deference To The Views Of Professional Associations Collide In The Battle Against Conversion Therapy, Clay Calvert

UF Law Faculty Publications

This Article uses the U.S. Court of Appeals for the Eleventh Circuit’s divided decision in Otto v. City of Boca Raton in late 2020 as a springboard for examining battles in First Amendment jurisprudence over proof of causation of harm and the level of deference owed to the judgments of learned societies. A two-judge majority held in Otto that a pair of local ordinances banning speechbased conversion therapy on minors violated the First Amendment, with those measures failing the rigorous strict scrutiny standard of review. Crucial to the majority’s ruling was its conclusion that insufficient evidence exists that conversion therapy—also …

High School Coaches Call A Foul: Important Considerations For High School Coaches Considering A Defamation Claim, Mallory Shumaker

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

Freedom From Speech, Mary Anne Franks

Articles

The importance of freedom of speech in a democratic society is usually taken as a given, but freedom from speech is no less important in safeguarding the values of truth, autonomy, and democracy. Freedom from speech includes both the right of the individual to not be forced to speak and the freedom to avoid the speech of others. This essay attempts to highlight the significance of freedom from speech in order to clarify the importance of the First Amendment right against compelled speech; provide an explanation for when the right of free speech yields to other rights; and offer a …

The Three Laws: The Chinese Communist Party Throws Down The Data Regulation Gauntlet, William Chaskes

Washington and Lee Law Review

Criticism of the Chinese Communist Party (CCP) runs a wide gamut. Accusations of human rights abuses, intellectual property theft, authoritarian domestic policies, disrespecting sovereign borders, and propaganda campaigns all have one common factor: the CCP’s desire to control information. Controlling information means controlling data. Lurking beneath the People’s Republic of China’s (PRC) tumultuous relationship with the rest of the world is the fight between nations to control their citizens’ data while also keeping it out of the hands of adversaries. The CCP’s Three Laws are its newest weapon in this data war.

One byproduct of the CCP’s emphasis on controlling …

The Kids Are All Right: The Law Of Free Expression And New Information Technologies, Mark Tushnet

Catholic University Law Review

Recently the literature on free expression has turned to the question, should the law of free expression be adjusted because of the availability of new information technologies (hereafter NIT), and if so, how? The only thing about NIT that distinguishes them from traditional media is that disseminating expression via NIT is much less expensive than doing so via traditional media. The tenor of recent scholarship on NIT and free expression is that the invention of NIT does support some modification of free expression law. This Essay argues that that conclusion might be correct, but that many of the arguments offered …

Paving A New (Hua)Wei: A Comparative Analysis Of International Approaches To Securing Information And Communication Technology Supply Chains, Jordan Villegas

Catholic University Law Review

Recent amendments to Chinese Intelligence Laws codify affirmative obligations upon domestic companies and citizens alike, namely, that they must assist and support the Chinese Communist Party (CCP) in its intelligence gathering efforts. Coupling these laws with the international prevalence of Huawei, a Chinese telecommunications company comprising two-thirds of 5G equipment outside China, CCP compromised 5G equipment is an unassailable reality. This article explores five intelligence allied nations and how each has respectively addressed the risk posed by Huawei. It argues each nation’s policies are deducible to three primary approaches, categorically including: (1) promulgation of law explicitly excluding Huawei 5G equipment; …

Aclp - Overview Of Bead Nofo - June 2022, New York Law School

Reports and Resources

No abstract provided.

The “End” Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli

Faculty Scholarship

This essay has observed that, when times are tumultuous, third parties who intend to be neutral may need some mooring beyond the norms that are shifting. It argues that neutrality is an unsatisfying value in such times and suggests that neutrals look to the deeper values of their field. It proposes human dignity as a good place to begin, and it invites others to explore whether an initial commitment to the inherent worth of every person would make a helpful difference in practice.

A Guide To Federal Broadband Funding Programs - Overview Of Bead (Updated) - June 2022, New York Law School

Reports and Resources

No abstract provided.

Investing In Human Futures: How Big Tech And Social Media Giants Abuse Privacy And Manipulate Consumerism, Brett Dembrow

University of Miami Business Law Review

Social media companies such as Facebook, Twitter, and Instagram originated with one seemingly innocent goal: “to bring the world closer together.”1 Now, these Big Tech giants own and operate some of the most powerful platforms in the world simply because of their unethical yet effective strategies to maintain their users’ attention. Social media companies have monetized the amount of time their users spend on their platforms by honing in on the individual preferences of each user and selling that access to advertisers. This heightened access to potential consumers and their preferences has become the most valuable marketing tool for digital …

Broadband In The Mountain State: Connectivity Linked To Local Options, Denali S. Hendrick

West Virginia Law Review

No abstract provided.

How To Regulate Online Platforms: Why Common Carrier Doctrine Is Inappropriate To Regulate Social Networks And Alternate Approaches To Protect Rights, Edward W. Mclaughlin

Fordham Law Review Online

Concerns about the “concentrated control of so much speech in the hands of a few private parties” and their ability to suppress some user speech have led to calls to regulate online platforms like common carriers or public accommodations. Advocates of that regulation theorize that social media platforms host today’s public forum and are open to all comers and so should have a responsibility to be content neutral and allow all voices to be heard. Traditionally, the argument that private players, as opposed to only government actors, can violate individuals’ free speech rights was a progressive cause, but recently conservative …

Rage Against The Machine: Reducing Robocall Abuse To Protect At-Risk Consumers, Nicole Egan

University of Massachusetts Law Review

For most people, robocalls are nothing more than an annoying side-effect of owning a cell phone today. But a successful robocall scheme is still capable of wreaking financial and psychological havoc on its victims. Senior citizens and cognitively impaired individuals are often targeted by fraudulent phone calls or texts because they may have trouble understanding how to identify and protect themselves from robocall abuse. This Note proposes a collaborative solution to this problem by calling on the judiciary and legislatures to minimize the amount of robocalls received by American telephone consumers. By adopting a broader understanding of the law and …

Sunday Ticket: The Ninth Circuit's Expansion Of The Quick Look Test Could Incidentally Help Fans Watch More Football For Less Money, Matthew Oakley

Jeffrey S. Moorad Sports Law Journal

No abstract provided.

The Empty Promises Of Diversity Mou's: How The Fcc Can Strengthen Commitments To Racial Equity, Jeleesa Omala

Journal of Civil Rights and Economic Development

(Excerpt)

African Americans have been systematically disenfranchised from nearly all sectors of American society since the country’s founding. As such, African Americans do not just perceive the problem of racial discrimination as a matter of personal prejudice but also a matter of survival. Without access to fundamental resources like higher education, healthcare, and economic opportunity, the quality of Black life decreases astronomically. The nation begins to equate being Black with being “less than,” and continues to disinvest in Black populations, which signals to Black people that their lives do not matter.

Nevertheless, determined Black entrepreneurs continue to fight to expand …

Petition For A Writ Of Certiorari, Gonzalez V. Google, 143 S.Ct. 1191 (2023) (No. 21-1333), Eric Schnapper, Robert J. Tolchin, Keith L. Altman, Daniel Weininger

Court Briefs

QUESTION PRESENTED: Section 203(c)(1) of the Communications Decency Act immunizes an “interactive computer service” (such as YouTube, Google, Facebook and Twitter) for “publish[ ing] ... information provided by another” “information content provider” (such as someone who posts a video on YouTube or a statement on Facebook). This is the most recent of three court of appeals’ decisions regarding whether section 230(c)(1) immunizes an interactive computer service when it makes targeted recommendations of information provided by such another party. Five courts of appeals judges have concluded that section 230(c)(1) creates such immunity. Three court of appeals judges have rejected such immunity. …

The Jurisprudence Of Public Concern In Anti-Slapp Law: Shifting Boundaries In State Statutory Protection Of Free Expression, Matthew D. Bunker, Emily Erickson

UC Law SF Communications and Entertainment Journal

No abstract provided.

From Utilitarianism To Fordism: How Americans Brought The Panopticon Home, Katherine Hoppe

UC Law SF Communications and Entertainment Journal

The COVID-19 pandemic forced many not considered essential employees into their homes. Many employers worried about employee accountability, leveraged surveillance techniques to maximize employee performance and ensure productivity. These technologies include screen monitoring software, video recordings of employees within their homes, monitoring of social media, and typing efficiency. While employees continue to work outside of the office, private employers will increasingly monitor employees in spaces traditionally considered private—including the home. As private and public life spheres continue to overlap, privacy for workers may erode. What kinds of surveillance have employees experienced in their homes since the Covid-19 lockdown orders? Moreover, …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.