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Articles 1 - 8 of 8
Full-Text Articles in First Amendment
Speech, Innovation, And Competition, Greg Day
Speech, Innovation, And Competition, Greg Day
Scholarly Works
Critics contend that concentrated power in digital markets has generated threats to free speech. For a variety of reasons, market power is naturally thought to concentrate in digital markets. The consequence is that “big tech” is said to face little competition; Facebook controls 72 percent of the social media market while the parent of YouTube (72 percent of the video market) is Google (92 percent of the search market). This landscape has potentially vested private companies with unprecedented power over the flow of information. If Facebook, for example, decides to ban certain types of speech or ideas, it would potentially …
The Legal Implications Of Synthetic And Manipulated Media, Thomas E. Kadri
The Legal Implications Of Synthetic And Manipulated Media, Thomas E. Kadri
Popular Media
Ahead of the U.S. 2020 presidential election, the Carnegie Endowment for International Peace convened more than 100 experts from three dozen organizations inside and outside Silicon Valley in private meetings to help address the challenges that synthetic and manipulated media pose for industry, government, and society more broadly. Among other things, the meetings developed a common understanding of the potential for synthetic and manipulated media circulated on technology platforms to disrupt the upcoming presidential election, generated definitions of “inappropriate” election-related synthetic and manipulated media that have informed platform content moderation policies, and equipped platforms with playbooks of effective and ethical …
Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick
Facebook V. Sullivan: Public Figures And Newsworthiness In Online Speech, Thomas E. Kadri, Kate Klonick
Scholarly Works
In the United States, there are now two systems to adjudicate disputes about harmful speech. The first is older and more established: the legal system in which judges apply constitutional law to limit tort claims alleging injuries caused by speech. The second is newer and less familiar: the content-moderation system in which platforms like Facebook implement the rules that govern online speech. These platforms are not bound by the First Amendment. But, as it turns out, they rely on many of the tools used by courts to resolve tensions between regulating harmful speech and preserving free expression—particularly the entangled concepts …
How Supreme A Court?, Thomas E. Kadri
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
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.
Speech V. Speakers, Thomas E. Kadri
Speech V. Speakers, Thomas E. Kadri
Popular Media
Twitter's new rules about extremist speech blur the lines between people and words.
Digital Medicine, The Fda, And The First Amendment, Adam Candeub
Digital Medicine, The Fda, And The First Amendment, Adam Candeub
Georgia Law Review
Digital medicine might transform healthcare more fundamentally than the introduction of anesthesia or germ basis theory of disease. Already, tens of thousands of "medical apps" are available for smartphones. These computer applications can measure blood pressure, pulse, lung function, oxygenation level, sugar level, breathing rate and body temperature-and can even diagnose skin cancer, analyze urine, and take an echocardiogram. In fall 2013, the Federal Drug Administration (FDA) asserted regulatory authority over mobile medical applications and other digital medical services, threatening to chill, if not, destroy this innovation. This Article argues that the FDA stands on firm legal ground regulating medical …
Protecting Children From The Dark Side Of The Internet, Anne Dupre, John Dayton, Christine Kiracofe
Protecting Children From The Dark Side Of The Internet, Anne Dupre, John Dayton, Christine Kiracofe
Scholarly Works
This article examines the history of judicial and legislative responses to the issue of consumption of pornography and other harmful materials over the Internet by children. The article begins by giving a brief overview of free speech law in the US. Next, summaries of relevant U.S. legislation and corresponding litigation on Internet free speech are given. Highlighted are: 1) the Communications Decency Act (CDA) and the U.S. Supreme Court’s response in Reno v. ACLU; 2) The Child Pornography Prevention Act (CPPA) and Ashcroft v. Free Speech Coalition; 3) the Children’s Internet Protection Act (CIPA) and United States v. American …