Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Authorship (1)
- Censure (1)
- Copyright (1)
- Corrective counter speech (1)
- Creativity (1)
-
- Cyberfraud (1)
- Cybersquatting (1)
- Defamation (1)
- Election (1)
- Expression (1)
- First Amendment (1)
- First amendment (1)
- Government Speech (1)
- Impeachment (1)
- Intellectual Property (1)
- Internet (1)
- Internet domain name (1)
- Journalists (1)
- Knowledge (1)
- Learning (1)
- Libel (1)
- Media literacy (1)
- National security (1)
- Online disinformation (1)
- Public figure doctrine (1)
- Section 230 (1)
- Speech (1)
- The press (1)
- Trademark (1)
Articles 1 - 5 of 5
Full-Text Articles in Internet Law
Intragovernmental Speech And Sanction, Katherine A. Shaw
Intragovernmental Speech And Sanction, Katherine A. Shaw
Articles
This Essay, prepared as part of a symposium on Professor Helen Norton’s The Government’s Speech and the Constitution, asks what role, if any, we should understand the Constitution to play in mediating disputes over speech between and among government entities. Focusing on the examples of impeachment and censure, the piece considers scenarios in which one arm of government takes action in response to the speech of another arm or entity of government, exploring what role the Constitution should play in shaping or constraining those responses.
Media Literacy Beyond The National Security Frame, Lili Levi
Media Literacy Beyond The National Security Frame, Lili Levi
Articles
No abstract provided.
Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison
Beyond Creativity: Copyright As Knowledge Law, Michael J. Madison
Articles
The Supreme Court’s copyright jurisprudence of the last 100 years has embraced the creativity trope. Spurred in part by themes associated with the story of “romantic authorship” in the 19th and 20th centuries, copyright critiques likewise ask, “Who is creative?” “How should creativity be protected (or not) and encouraged (or not)?” and “ Why protect creativity?” Policy debates and scholarship in recent years have focused on the concept of creativity in framing copyright disputes, transactions, and institutions, reinforcing the notion that these are the central copyright questions. I suggest that this focus on the creativity trope is unhelpful. I argue …
Who Owns 'Hillary.Com'? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Who Owns 'Hillary.Com'? Political Speech And The First Amendment In Cyberspace, Jacqueline D. Lipton
Articles
In the lead-up to the next presidential election, it will be important for candidates both to maintain an online presence and to exercise control over bad faith uses of domain names and web content related to their campaigns. What are the legal implications for the domain name system? Although, for example, Senator Hillary Clinton now owns "hillaryclinton.com", the more generic "hillary.com" is registered to a software firm, Hillary Software, Inc. What about "hillary2008.com"? It is registered to someone outside the Clinton campaign and is not currently in active use. This article examines the large gaps and inconsistencies in current domain …
Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron Perzanowski
Relative Access To Corrective Speech: A New Test For Requiring Actual Malice, Aaron Perzanowski
Articles
This Article reexamines the First Amendment protections provided by the public figure doctrine. It suggests that the doctrine is rooted in a set of out-dated assumptions regarding the media landscape and, as a result, has failed to adapt in a manner that accounts for our changing communications environment.
The public figure doctrine, which imposes the more rigorous actual malice standard of fault on defamation plaintiffs who enjoy greater access to mass media, was constructed in an era defined by one-to-many communications media. Newspapers, broadcasters, and traditional publishers exhausted the Court's understanding of the means of communicating with mass audiences. As …