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Full-Text Articles in Internet Law
Public Forum 2.0, Lyrissa Barnett Lidsky
Public Forum 2.0, Lyrissa Barnett Lidsky
UF Law Faculty Publications
Social media have the potential to revolutionize discourse between American citizens and their governments. At present, however, the U.S. Supreme Court's public forum jurisprudence frustrates rather than fosters that potential. This article navigates the notoriously complex body of public forum doctrine to provide guidance for those who must develop or administer government-sponsored social media or adjudicate First Amendment questions concerning them. Next, the article marks out a new path for public forum doctrine that will allow it to realize the potential of Web 2.0 technologies to enhance democratic discourse between the governors and the governed. Along the way, this article …
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Barnett Lidsky
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This Article examines the evolution of the law governing libel suits against anonymous "John Doe" defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire, and other nonfactual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …