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Full-Text Articles in Law

How Supreme A Court?, Thomas E. Kadri Nov 2018

How Supreme A Court?, Thomas E. Kadri

Popular Media

Facebook is planning an independent appeals process for content moderation decisions. But how much power will it have?


How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri Nov 2018

How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri

Popular Media

The idea of a body that will decide what kind of content is allowed on the site is promising — but only if it’s done right.


The Law Of Advertising Outrage, Mark Bartholomew Oct 2018

The Law Of Advertising Outrage, Mark Bartholomew

Journal Articles

This article examines the stimulation of audience outrage, both as a marketing strategy and as a subject of legal regulation. A brief history of advertising in the United States reveals repeated yet relatively infrequent attempts to attract consumer attention through overt transgressions of social norms relating to sex, violence, race, and religion. Natural concerns over audience reaction limited use of this particular advertising tactic as businesses needed to be careful not to alienate prospective purchasers. But now companies can engage in “algorithmic outrage”—social media advertising meant to stimulate individual feelings of anger and upset—with less concern for a consumer backlash. …


Speech V. Speakers, Thomas E. Kadri Jan 2018

Speech V. Speakers, Thomas E. Kadri

Popular Media

Twitter's new rules about extremist speech blur the lines between people and words.


Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron Jan 2018

Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron

Faculty Scholarship

Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, tech companies have pledged to respond to reports of hate speech within twenty-four hours, a hasty process that may trade valuable expression for speedy results. Plans have been announced for an industry database that will allow the same companies to share hashed images of banned extremist content for review and removal elsewhere.

These changes are less the result of voluntary market …