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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 ...


Foreword: The Rehnquist Court And The First Amendment, Neil M. Richards Jan 2006

Foreword: The Rehnquist Court And The First Amendment, Neil M. Richards

Washington University Journal of Law & Policy

This paper introduces the question -- what will be the legacy of the Rehnquist Court? Although it is too early to say with certainty, it is safe to hazard a guess that it will be remembered as a relatively conservative Court, particularly interested in policing the lines between federal and state power in areas such as the federal commerce power, state sovereign immunity, and criminal procedure. Indeed, it is in these areas that the “Rehnquist Court” is most aptly named, for William Rehnquist was a leader of the Court’s doctrinal evolution in these areas in a number of ways. Despite ...


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 ...


Anonymous Bloggers And Defamation: Balancing Interests On The Internet, S. Elizabeth Malloy Jan 2006

Anonymous Bloggers And Defamation: Balancing Interests On The Internet, S. Elizabeth Malloy

Washington University Law Review

As more and more people create personal websites and blogs, courts are more frequently asked to rule on questions related to the Internet boom. Specifically, an issue has arisen concerning what standard to apply in defamation suits brought against anonymous bloggers.9 Courts have wrestled with producing an appropriate standard for revealing the identity of an anonymous blogger who posts allegedly defamatory material on a message board or website. Recently, in Doe v. Cahill, the Delaware Supreme Court created a strict standard that makes it extremely difficult for defamation victims to bring suit against anonymous bloggers. The standard created is ...


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 ...