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Articles 1 - 4 of 4
Full-Text Articles in Law
How Elonis Failed To Clarify The Analysis Of "True Threats" In Social Media Cases And The Subsequent Need For Congressional Response, Jessica L. Opila
How Elonis Failed To Clarify The Analysis Of "True Threats" In Social Media Cases And The Subsequent Need For Congressional Response, Jessica L. Opila
Michigan Telecommunications & Technology Law Review
Social media and other internet communications have altered the way people communicate with one another, including the way people threaten one another. In 2015, the United States Supreme Court decided Elonis v. United States, which imposed a heightened mental state requirement for federal prosecutions of threats issued in interstate commerce. Although the statute, 18 U.S.C. § 875(c), has no mental state requirement, the Supreme Court held that, consistent with the principles of criminal law, only those with guilty minds should be convicted and thus some showing of subjective intent is required. The opinion did not name the requisite mental …
In Re Akhbar Beirut & Al Amin, Monica Hakimi
In Re Akhbar Beirut & Al Amin, Monica Hakimi
Articles
On August 29, 2016, the Special Tribunal for Lebanon (Tribunal) sentenced a corporate media enterprise and one of its employees for contemptuously interfering with the Tribunal's proceedings in Ayyash, a prosecution concerning the February 2005 terrorist attack that killed former Lebanese Prime Minister Rafiq Hariri. The contempt decision is significant for two reasons: (1) it adopts an expansive definition of the crime of contempt to restrict a journalist's freedom of expression; and (2) it is the first international judicial decision to hold a corporate entity criminally responsible.
Are Trump's Attacks On The Media Adversely Affecting Public Opinion?, Leonard M. Niehoff
Are Trump's Attacks On The Media Adversely Affecting Public Opinion?, Leonard M. Niehoff
Articles
Both during the election cycle and as president of the United States, Donald Trump has enthusiastically and aggressively attacked the media. On Twitter, in speeches, and at rallies he has repeatedly deployed his favorite “f words” against mainstream broadcast, print, and online news sources: “fake,” “fraudulent,” “failing,” and (phonetically) “phony.” Some attacks have been personal to individual journalists, some have been more institutionally focused, and some have been made in contexts that appeared to create physical risk to reporters who were present. But whatever the variation in lavors, the frequency of the attacks has remained constant. Indeed, Trump has devoted …
Bankrupt Marketplace: First Amendment Theory And The 2016 Presidential Election, Leonard M. Niehoff
Bankrupt Marketplace: First Amendment Theory And The 2016 Presidential Election, Leonard M. Niehoff
Articles
In this article I advance two arguments. The first is that 2016 was a particularly important year for freedom of speech and the press, although not for conventional reasons. The second is that hte events of 2016 revealed that one of the essential components of our democracy - the central role that free expression plays in the democratic process - is in a state of serious dysfunction, if not crisis.