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Articles 1 - 14 of 14

Full-Text Articles in Law

The Move To The Middle: The Enduring Threat Of “Harmful” Speech To The End-To-End Principle, John G. Palfrey Jr., Robert Rogoyski Jan 2006

The Move To The Middle: The Enduring Threat Of “Harmful” Speech To The End-To-End Principle, John G. Palfrey Jr., Robert Rogoyski

Washington University Journal of Law & Policy

This Essay traces the evolution of thinking regarding the technical concept of the end-to-end principle and the legal concept of the regulation of the flow of packets across the Internet. We focus on the manner in which the state, in concert with private parties, has approached the tension between restricting the flow of certain packets and vindicating their citizens’ interests, both legal and otherwise, in free expression. We argue that the primary mode of legal regulation of the Internet has shifted from a focus on outlawing activities at the nodes—end-points in the network—to a growing emphasis on regulating ...


Does Ukraine Need A Comprehensive Statute To “Control” Private Data Controllers?, Olena Dmytrenko, Cara D. Cutler Jan 2006

Does Ukraine Need A Comprehensive Statute To “Control” Private Data Controllers?, Olena Dmytrenko, Cara D. Cutler

Washington University Global Studies Law Review

This Article considers whether a European Union model of data protection, predominately in the form of a comprehensive statute, or a U.S. model of data protection, favoring industry self-regulation enhanced by sectoral legislation, would be best for Ukraine. This Article argues that a comprehensive statute may fit more easily into Ukraine's civil law culture and may prove to be a requirement necessary for the country to obtain its goal of accession to the European Union. However, until Ukraine builds a strong democratic legacy, a rapid transplant of the European Union-style comprehensive statute may be detrimental to nurturing nascent ...


Trumping The First Amendment?, Lee Epstein, Jeffrey A. Segal Jan 2006

Trumping The First Amendment?, Lee Epstein, Jeffrey A. Segal

Washington University Journal of Law & Policy

The primary goal of this Essay is to assess whether the relationship between the ideology of Supreme Court Justices and their support for the First Amendment guarantees of speech, press, assembly, and association has declined, such that left-of-center Justices no longer consistently support those guarantees, and right-of-center Justices no longer consistently support their regulation. Utilizing data drawn from the 1953 through 2004 terms of the Court, we show that, in disputes in which only First Amendment claims are at issue, the more liberal the Justice, the higher the likelihood that he or she will vote in favor of litigants alleging ...


Property And Speech, Robert Allen Sedler Jan 2006

Property And Speech, Robert Allen Sedler

Washington University Journal of Law & Policy

This Essay analyzes the impact of the First Amendment’s guarantee of freedom of speech on the use, enjoyment and control of property. The Essay analyzes this impact with reference to “The First Amendment as Sword” and “The First Amendment as Shield.” In “The First Amendment as Sword,” the Essay discusses how the First Amendment has been asserted to interfere with a property owner’s use or control of tangible property and to limit the protection of an owner’s property interests. The following areas will be covered: (1) Picketing and Protests; (2) Boycotts; (3) Governmental Economic Regulation; (4) Home ...


A Property Rights View: Commentary On “Property And Speech” By Robert A. Sedler, Shelley Ross Saxer Jan 2006

A Property Rights View: Commentary On “Property And Speech” By Robert A. Sedler, Shelley Ross Saxer

Washington University Journal of Law & Policy

I begin by exploring whether the First Amendment, as a sword, obscures the difference between state and private action by constitutionally preventing private property owners from interfering with an individual’s free expression rights. Thus, private property owners, who are not otherwise held to constitutional standards, cannot block activities of others that invade their property interests because these activities are protected by the First Amendment. This Commentary will address an additional category, not mentioned by Professor Sedler in his Essay—the government’s use of eminent domain, which can be used as a “sword” against land uses protected by the ...


Property, Place, And Public Discourse, Timothy Zick Jan 2006

Property, Place, And Public Discourse, Timothy Zick

Washington University Journal of Law & Policy

I will argue that the Rehnquist Court largely left our “expressive topography” worse than it found it. As had predecessor Courts, the Rehnquist Court treated public places as little more than public properties managed by public officials. But its impact on public discourse actually extended beyond this. The Rehnquist Court diminished the scope of speakers’ rights in even quintessentially open places such as streets and sidewalks. Among other things, the Court’s decisions also tacitly approved the practice of zoning expression in public places. The Court even recognized a listener’s right to avoid offensive expression in public places. Finally ...


A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone Jan 2006

A Lawyer's Responsibility: Protecting Civil Liberties In Wartime, Geoffrey R. Stone

Washington University Journal of Law & Policy

One of the lessons of American history is that when episodes of military conflict arise we not only compromise our liberties, but we do so excessively and to a degree we often come later to regret. The challenge is to understand why that happens, to avoid repeating the same pattern of mistakes in the present and in the future, and to articulate the role of lawyers in addressing those questions.


Fired Up! In The Blogosphere: Internet Communications Regulation Under Federal Campaign Finance Law, Benjamin Norris Jan 2006

Fired Up! In The Blogosphere: Internet Communications Regulation Under Federal Campaign Finance Law, Benjamin Norris

Washington University Law Review

No abstract provided.


The Case Against Extending Hazelwood V. Kuhlmeier's Public Forum Analysis To The Regulation Of University Student Speech, Jessica Golby Jan 2006

The Case Against Extending Hazelwood V. Kuhlmeier's Public Forum Analysis To The Regulation Of University Student Speech, Jessica Golby

Washington University Law Review

No abstract provided.


Libel In The Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds Jan 2006

Libel In The Blogosphere: Some Preliminary Thoughts, Glenn Harlan Reynolds

Washington University Law Review

People have been talking about libel and bloggers since the blogosphere was new, but the big news at this point is that, so far at least, there’s more talk than action—despite the millions of blogs, and probable billions of blog entries to date, there haven’t really been any major blogrelated libel cases, and the number in total is quite small. People are still talking about Blumenthal v. Drudge, a case that predates the blogosphere, when they talk about blogs and libel, and no major new case has emerged to take its place. The absence of a major ...


Speech And Institutional Choice, Thomas B. Nachbar Jan 2006

Speech And Institutional Choice, Thomas B. Nachbar

Washington University Journal of Law & Policy

Even if an authoritarian state cannot successfully control all of the conduits by which information crosses its borders, successfully targeting a few of the largest ones is likely to bring enough of a return to justify the effort, a point at the heart of John Palfrey and Robert Rogoyski’s Essay for this conference. What is true of states and regulation for political gain will be true of private interests and regulation for financial gain. Control over the means of creating and sharing the digital content would provide any firm substantial rents, either in the form of higher prices or ...


A Tale Of Two Bloggers: Free Speech And Privacy In The Blogosphere, Daniel J. Solove Jan 2006

A Tale Of Two Bloggers: Free Speech And Privacy In The Blogosphere, Daniel J. Solove

Washington University Law Review

It is true that existing law lacks nimble ways to resolve disputes about speech and privacy on the Internet. Lawsuits are costly to litigate, and being sued can saddle a blogger with massive expenses. Bloggers often don’t have deep pockets, and therefore it might be difficult for plaintiffs to find lawyers willing to take their cases. Lawsuits can take years to resolve. People seeking to protect their privacy must risk further publicity in bringing suit. These are certainly serious problems, but the solution shouldn’t be to insulate bloggers from the law. The solution is to create a system ...


The Story Of Me: The Underprotection Of Autobiographical Speech, Sonja R. West Jan 2006

The Story Of Me: The Underprotection Of Autobiographical Speech, Sonja R. West

Washington University Law Review

This Article begins the debate over the constitutional underprotection of autobiographical speech. While receiving significant historical, scientific, religious, and philosophical respect for centuries, the time-honored practice of talking about yourself has been ignored by legal scholars. A consequence of this oversight is that current free speech principles protect the autobiographies of the powerful but leave the stories of “ordinary” people vulnerable to challenge. Shifting attitudes about privacy combined with advanced technologies, meanwhile, have led to more people than ever before having both the desire and the means to tell their stories to a widespread audience. This Article argues that truthful ...


Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton Jan 2006

Commerce Versus Commentary: Gripe Sites, Parody, And The First Amendment In Cyberspace, Jacqueline D. Lipton

Washington University Law Review

The Global Online Freedom Bill of 2006 emphasizes the importance of freedom of speech on the Internet as a fundamental human right. However, the backbone of the World Wide Web, the Internet domain name system, is a poor example of protecting free speech, particularly in terms of the balance between speech and commercial trademark interests. This is apparent from the manner in which the legislature and the judiciary deal with cases involving Internet gripe sites and parody sites. The lack of a clear consensus on the protection of free speech in these contexts is troubling, and can be found in ...