Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Freedom of speech (3)
- First Amendment (2)
- Internet (2)
- Media (2)
- Privacy (2)
-
- Sex trafficking (2)
- 1st Amendment (1)
- Acquired distinctiveness (1)
- Alien government (1)
- Alternative facts (1)
- Antimedia sentiment (1)
- Antimedia violence (1)
- Backpage.com (1)
- Bias (1)
- Brandon S. Bell (1)
- Campus (1)
- Choose-yourself model (1)
- Citizenship (1)
- Communications Decency Act (1)
- Coverage (1)
- Criminal and civil liabilities (1)
- David A. Logan (1)
- Democracy (1)
- Discussion (1)
- Edward Fitzpatrick (1)
- Event (1)
- Executive power (1)
- Exploitation (1)
- Free speech (1)
- Free speech theory (1)
- Publication
- Publication Type
Articles 1 - 11 of 11
Full-Text Articles in First Amendment
The Sidis Case And The Origins Of Modern Privacy Law, Samantha Barbas
The Sidis Case And The Origins Of Modern Privacy Law, Samantha Barbas
Samantha Barbas
The American press, it’s been said, is freer to invade personal privacy than perhaps any other in the world. The tort law of privacy, as a shield against unwanted media exposure of private life, is very weak. The usual reason given for the weakness of U.S. privacy law as a bar on the publication of private information is the strong tradition of First Amendment freedom. But “freedom of the press” alone cannot explain why liberty to publish has been interpreted as a right to print truly intimate matters or to thrust people into the spotlight against their will. Especially in …
Creating The Public Forum, Samantha Barbas
Creating The Public Forum, Samantha Barbas
Samantha Barbas
The public forum doctrine protects a right of access - “First Amendment easements” - to streets and parks and other traditional places for public expression. It is well known that the doctrine was articulated by the Supreme Court in a series of cases in the 1930s and 1940s. Lesser known are the historical circumstances that surrounded its creation. Critics believed that in a modern world where the mass media dominated public discourse - where the soap box orator and pamphleteer had been replaced by the radio and mass circulation newspaper - mass communications had undermined the possibility of widespread participation …
Finding Freedom For The Thoughts We Hate, John M. Greabe
Finding Freedom For The Thoughts We Hate, John M. Greabe
Law Faculty Scholarship
In his dissenting opinion in United States v. Schwimmer (1929), Supreme Court Justice Oliver Wendell Holmes, Jr., famously defended tolerance as an indispensable constitutional value. He wrote: “[I]f there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought – not free thought for those who agree with us but freedom for the thought that we hate.”
Yet accepting that the Constitution protects the thought that we hate can be difficult, even during the best of times. And these are far from the best of times. Nuclear brinksmanship …
Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman
Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Trump Presidency And The Press, John M. Greabe
The Trump Presidency And The Press, John M. Greabe
Law Faculty Scholarship
[Excerpt] "It is not difficult to understand why presidents frequently voice frustration with the press. Imagine being subjected to critical analysis 24/7 by reporters, bloggers and pundits who often lack complete and accurate information but face competitive pressure to publish quickly."
“Illegal” Migration Is Speech, Daniel I. Morales
“Illegal” Migration Is Speech, Daniel I. Morales
Indiana Law Journal
Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that noncitizens living outside the United States have a say in the formation of immigration law since they must obey it. This Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.
If noncitizens’ …
Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law
Newsroom: Panel: The Press & The President 3-28-2017, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael
Denial Of Harm: Sex Trafficking, Backpage, And Free Speech Absolutism, Jody Raphael
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
How Many Likes Did It Get? Using Social Media Metrics To Establish Trademark Rights, Caroline Mrohs
Catholic University Journal of Law and Technology
This comment asserts that there is a need for an update to the multifactor test considered by courts in determining the strength of a trademark. Traditional factors include the expenses an entity can afford to pay in advertising, but do not give any weight to the presence of the entity on social media to reach its target consumer group.
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 …
Making News: Balancing Newsworthiness And Privacy In The Age Of Algorithms, Erin C. Carroll
Making News: Balancing Newsworthiness And Privacy In The Age Of Algorithms, Erin C. Carroll
Georgetown Law Faculty Publications and Other Works
In deciding privacy lawsuits against media defendants, courts have for decades deferred to the media. They have given it wide berth to determine what is newsworthy and so, what is protected under the First Amendment. And in doing so, they have often spoken reverently of the editorial process and journalistic decision-making.
Yet, in just the last several years, news production and consumption has changed dramatically. As we get more of our news from digital and social media sites, the role of information gatekeeper is shifting from journalists to computer engineers, programmers, and app designers. The algorithms that the latter write …