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Full-Text Articles in First Amendment

The “Sovereigns Of Cyberspace” And State Action: The First Amendment’S Application (Or Lack Thereof) To Third-Party Platforms, Jonathan Peters Jan 2017

The “Sovereigns Of Cyberspace” And State Action: The First Amendment’S Application (Or Lack Thereof) To Third-Party Platforms, Jonathan Peters

Scholarly Works

Many scholars have commented that the state action doctrine forecloses use of the First Amendment to constrain the policies and practices of online service providers. But few have comprehensively studied this issue, and the seminal article exploring “[c]yberspace and the [s]tate [a]ction [d]ebate” is fifteen years old, published before the U.S. Supreme Court reformulated the federal approach to state action. It is important to give the state action doctrine regular scholarly attention, not least because it is increasingly clear that “the private sector has a shared responsibility to help safeguard free expression.” It is critical to understand whether the First …


Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq. Jun 2016

Rights Of Publicity: A Practitioner's Enigma, Gil N. Peles Esq.

Journal of Intellectual Property Law

No abstract provided.


Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman Oct 2014

Finding An Appropriate Global Legal Paradigm For The Internet: United States And International Responses, Benjamin A. Perlman

Georgia Journal of International & Comparative Law

No abstract provided.


Liability For Massive Online Leaks Of National Defense Information, Rodney A. Smolla Jan 2014

Liability For Massive Online Leaks Of National Defense Information, Rodney A. Smolla

Georgia Law Review

Imagine that a group of activist American journalists and lawyers launch a new Internet site called "AmeriLeaks." The site is incorporated as a nonprofit organization with its principal place of business in Washington, D.C. The announced purpose of the site is to provide an American alternative to the WikiLeaks site led by Julian Assange. AmeriLeaks encourages whistleblowers across the United States to post documents on the site exposing corruption and crime in government, with an emphasis on American foreign policy and national security issues. "American universities have launched Moocs-Massive Open Online Courses-and we are now launching a site for American …


Protecting Children From The Dark Side Of The Internet, Anne Dupre, John Dayton, Christine Kiracofe Jan 2006

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 …