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Articles 1 - 5 of 5
Full-Text Articles in First Amendment
Spies, Trolls, And Bots: Combating Foreign Election Interference In The Marketplace Of Ideas, Nahal Kazemi
Spies, Trolls, And Bots: Combating Foreign Election Interference In The Marketplace Of Ideas, Nahal Kazemi
Fordham Law Voting Rights and Democracy Forum
Foreign disinformation operations on social media pose a significant and rapidly evolving risk, particularly when aimed at American elections. We must urgently and effectively address this form of election interference. This Article examines potential responses to those risks, through a review of the unique characteristics, both practical and legal, of political advertising on social media platforms. This Article analyzes proposed legislative responses to foreign disinformation, noting that no single proposed law to date adequately addresses the threats and challenges posed by foreign disinformation. This Article considers the election law landscape in which the proposed laws would operate. It evaluates the …
Petition For Redress Or Telephonic Harassment? When Calling The Government Is A Crime, Daniel Caballero
Petition For Redress Or Telephonic Harassment? When Calling The Government Is A Crime, Daniel Caballero
Fordham Law Voting Rights and Democracy Forum
The telephone has enabled significant enhancements in communication. However, it has also brought with it abuses. One of these is telephonic harassment. The states and the federal government have passed laws that criminalize this inappropriate and psychologically harmful use of telephones. This Article assumes that these laws are constitutional when the caller harasses an ordinary citizen. But the First Amendment protects the right to petition the government for redress of grievances. So, what happens when the caller is both petitioning the government and intending to harass a government official? Does the First Amendment protect telephonic harassment of a public official? …
Americans For Prosperity Foundation V. Bonta: Protecting Free Speech And Its Implications For Campaign Finance Disclosures, Sara Lindsay Neier
Americans For Prosperity Foundation V. Bonta: Protecting Free Speech And Its Implications For Campaign Finance Disclosures, Sara Lindsay Neier
Fordham Law Voting Rights and Democracy Forum
In 2021, the United States Supreme Court in Americans for Prosperity Foundation v. Bonta considered the anonymous speech rights of charitable donors against the California Attorney General’s interest in preventing wrongdoing by charitable organizations. The Court applied exacting scrutiny, a standard traditionally applied to campaign finance disclosure laws, determining that California’s requirement was facially invalid as a violation of associational rights. Bonta did not concern campaign finance, making this application of exacting scrutiny novel. This Article considers the open questions raised by Bonta regarding how exacting scrutiny should be applied and what it means for the future of campaign finance …
Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties, Sarah Armstrong
Fertile Ground For Violent Extremists: A New Framework To Protect Military Servicemembers And Their Civil Liberties, Sarah Armstrong
Fordham Law Voting Rights and Democracy Forum
Veterans and active-duty members of the armed forces are popular and vulnerable targets for recruitment by alt-right and violent white extremist (“VWE”) groups. As the United States government attempts to deal with an influx of violent hate groups throughout the country, both in the civilian and military context, it must respect the civil liberties of those investigated. This is critical because prosecutors often sweep with a broad brush when investigating resistance movements, and protestors of color and from marginalized backgrounds are disproportionately targeted. Further, on a constitutional level, every American has fundamental rights that cannot be abridged. Therefore, when dealing …
Citizen Enforcement Laws Threaten Democracy, David A. Carrillo, Stephen M. Duvernay
Citizen Enforcement Laws Threaten Democracy, David A. Carrillo, Stephen M. Duvernay
Fordham Law Voting Rights and Democracy Forum
No abstract provided.