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Free-Speech Rights Versus Property And Privacy Rights: "Ag-Gag" Laws And The Limits Of Property Rights, Ian Drake Apr 2021

Free-Speech Rights Versus Property And Privacy Rights: "Ag-Gag" Laws And The Limits Of Property Rights, Ian Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

Beginning in the 1990s, private agricultural firms, research institutions, and their political allies began seeking governmental protection from undercover investigations conducted by animal rights activists. Some state governments responded by enacting statutes that regulate undercover investigatory behavior, creating statutory prohibitions on trespasses and on evidence gathering without permission and requiring undercover investigators to quickly turn over evidence of animal abuse or face civil and criminal fines and penalties (Lin 2015, 474). To date, three such state laws-popularly known as ag-gag laws, a term used by critics of the laws-have been successfully challenged based on claims that they violate First Amendment …


From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia Jan 2020

From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.


Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry Jun 2009

Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Hate on the Internet presents a unique problem in the United States. The First Amendment to the Constitution protects speech, even that which is hateful and offensive. Although the First Amendment is not without limitation and, indeed, although there have been a small number of successful prosecutions of individuals who disseminated hate speech over the Internet, web-based hate continues to receive broad First Amendment protections. Some non-governmental organizations in the United States, such as the Anti-Defamation League (ADL) and the Southern Poverty Law Center, have adopted innovative approaches to hate on the Internet. For instance, the ADL tracks and monitors …