University of Miami School of Law
American University Washington College of Law
Northwestern Pritzker School of Law
William & Mary Law School
Boston University School of Law
University of Connecticut Human Rights Institute
University of California, Berkeley School of Law
Germanna Community College
Mitchell Hamline School of Law
Florida International University College of Law
Rectifying An Empty Gesture: Why Placement On Paid Administrative Leave Should Constitute "Adverse Employment Action" For The Purposes Of A First Amendment Retaliation Claim,
2023
University of Cincinnati College of Law
Rectifying An Empty Gesture: Why Placement On Paid Administrative Leave Should Constitute "Adverse Employment Action" For The Purposes Of A First Amendment Retaliation Claim, Andrew White
University of Cincinnati Law Review
No abstract provided.
Freedom Of Algorithmic Expression,
2023
University of Cincinnati College of Law
Freedom Of Algorithmic Expression, Inyoung Cheong
University of Cincinnati Law Review
Can content moderation on social media be considered a form of speech? If so, would government regulation of content moderation violate the First Amendment? These are the main arguments of social media companies after Florida and Texas legislators attempted to restrict social media platforms’ authority to de-platform objectionable content.
This article examines whether social media companies’ arguments have valid legal grounds. To this end, the article proposes three elements to determine that algorithms classify as “speech:” (1) the algorithms are designed to communicate messages; (2) the relevant messages reflect cognitive or emotive ideas beyond mere operational matters; and (3) they …
The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?,
2023
West Virginia University
The Censorship Constraint And Rulemaker State Action: Are Section 230'S Immunity Provisions Unconstitutional Content-Based Regulations?, Scot A. Reader
West Virginia Law Review
Even casual watchers of T.V. crime dramas understand the Fourth Amendment’s exclusionary rule. Under this rule, evidence obtained by the police in a search of a criminal suspect’s premises that exceeds the scope of a judicial warrant is almost always inadmissible in the suspect’s criminal trial. The rule is designed to deter unreasonable governmental intrusion into private affairs and applies without regard for the suspect’s guilt or innocence. This Article proposes that the First Amendment includes an analogous rule against governmental censorship. Under this rule, content-based speech regulations exceed the legislature’s speech rulemaking warrant and are almost always invalid. This …
First Amendment Speech Protections In A Post-Dobbs World: Providing Instruction On Instructional Speech,
2023
Fordham University School of Law
First Amendment Speech Protections In A Post-Dobbs World: Providing Instruction On Instructional Speech, Samantha Mitchell
Fordham Law Review
In its June 2022 opinion, Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court overruled Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, thus revoking the constitutional right to abortion. As states continue to pass laws outlawing abortion to varying degrees, not only has Dobbs led to uncertainty for medical professionals and those who might want to seek an abortion, but it has also prompted questions for internet users across the world. May an organization or an individual post instructions on the internet regarding how to obtain an abortion if a resident of a …
A 180 On Section 230: State Efforts To Erode Social Media Immunity,
2023
Pepperdine University
A 180 On Section 230: State Efforts To Erode Social Media Immunity, Leslie Y. Garfield Tenzer, Hayley Margulis
Pepperdine Law Review
The turmoil of the 2020 presidential election renewed controversy surrounding 47 U.S.C § 230. The law, adopted as part of the 1996 Communications Decency Act (CDA), shields Interactive Computer Services (ICS) from civil liability for third-party material posted on their Platforms—no matter how heinous and regardless of whether the material enjoys constitutional protection. Consequently, any ICS, which is broadly defined to include Internet service providers (ISPs) and social media platforms (Platforms), can police its own postings but remains free from government intervention or retribution. In 2022, members of the Texas and Florida legislatures passed laws aiming to limit the scope …
Freedom In Serving Others: Arguments And Sources For Religious Institutional Freedom,
2023
University of St. Thomas School of Law
Freedom In Serving Others: Arguments And Sources For Religious Institutional Freedom, Thomas C. Berg
University of St. Thomas Law Journal
No abstract provided.
Two There Are That Rule The World: Private Power And Political Authority,
2023
University of St. Thomas School of Law, Minnesota
Two There Are That Rule The World: Private Power And Political Authority, Dr. Charles J. Reid Jr.
University of St. Thomas Law Journal
No abstract provided.
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy,
2023
DePaul University
The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes
DePaul Business & Commercial Law Journal
No abstract provided.
Covid-19 Vs. Constitution; Limited Government's Unlimited Response,
2023
DePaul University
Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo
DePaul Business & Commercial Law Journal
No abstract provided.
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable,
2023
DePaul University
The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong
DePaul Business & Commercial Law Journal
No abstract provided.
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule,
2023
DePaul University
The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira
DePaul Business & Commercial Law Journal
No abstract provided.
Qualified Knowledge: The Case For Considering Actual Knowledge In Qualified Immunity Jurisprudence As It Relates To The First Amendment Right To Record,
2023
William & Mary Law School
Qualified Knowledge: The Case For Considering Actual Knowledge In Qualified Immunity Jurisprudence As It Relates To The First Amendment Right To Record, Carly Laforge
William & Mary Law Review
This Note argues that this particular finding of the Frasier court is both pragmatically and philosophically problematic. By design, the qualified immunity doctrine seeks to shield police officers from civil rights lawsuits. However, prioritizing assumed knowledge over actual knowledge in determining what qualifies as a clearly established constitutional right harms the citizens that law enforcement officers have sworn to protect and serve. While traditional delineations of clearly established rights have involved appeals to precedent, public policy concerns are also important considerations in the qualified immunity analysis. In this way, Frasier is especially concerning in that it prioritizes the total defense …
Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment,
2023
Howard, Lewis & Petersen, P.C.
Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment, Elijah L. Milne
Journal of Food Law & Policy
Like all religions, Islam needs protection from governmental encroachment. As early as 1644, Roger Williams, the founder of Rhode Island, recognized that state involvement in religious matters defiles religion. "When they have opened a gap in the hedge or wall of separation between the garden of [religion] and the wilderness of the world," wrote Williams, "God hath ever broke down the wall itself, removed the candlestick, and made His garden a wilderness ... ." Although Williams was mostly concerned about the government's impact on Christianity, his oft-quoted metaphor applies equally to the government's influence on Islam. This Article will discuss …
“Alexa, Am I A Murderer?”: An Analysis Of Whether The First Amendment Protects Smart Speaker Communications,
2023
University of Arkansas, Fayetteville
“Alexa, Am I A Murderer?”: An Analysis Of Whether The First Amendment Protects Smart Speaker Communications, Josie A. Bates
Arkansas Law Review
State v. Bates poses interesting First Amendment questions that go far beyond the case itself, such as whether communications to and from smart speakers are protected under the First Amendment and, if so, whether the government must therefore meet a heightened standard before obtaining information from these devices. But currently, there are no definite answers. Thus, this analysis will attempt to answer these questions as well as offer general guidance for the future of First and Fourth Amendment law in the age of ever-changing technological advancements and never-ending criminal accusations.
Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment,
2023
University of Texas at Dallas
Comrades Or Foes: Did The Chinese Break The Law Or New Ground Ground For The First Amendment, Artem M. Joukov
West Virginia Law Review
Prior to exiting the White House, President Trump placed a variety of restrictions on Chinese-owned social media applications, TikTok and WeChat, threatening to greatly curtail their influence in the United States. While couching his actions in the context of national security, the former president engaged in viewpoint discrimination in plain violation of the First Amendment to the United States Constitution. The court rulings in favor of TikTok and WeChat were encouraging and should stem the tide of future government regulations of social media platforms. This article discusses how the decisions fit into the greater context of First Amendment jurisprudence and …
Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases,
2023
Claremont Colleges
Pressing The Verdict: The Social Influence Of Pretrial Publicity On Juror Biases, Kara Cato
CMC Senior Theses
Past psychological research has indicated that pretrial publicity has a significant impact on jury decision-making (Shniderman, 2013). This current review aims to expand on past research by investigating the social influence of pretrial publicity on juror biases. The effects of pretrial publicity on juror biases are examined through three mechanisms of social influence: story model, predecisional distortion, and conformity prejudice. This research inspects the relationship between media and the law by reviewing the pervasiveness of the media's depiction of criminal cases, the changing nature of media, and the biasing effects of media exposure. In addition, it explores the different forms …
Cancel Culture Attacks On Books And Authors,
2023
Case Western University School of Law
Cancel Culture Attacks On Books And Authors, Joseph A. Custer
Faculty Publications
Some people today view free speech as a threat to emotional safety and well-being. Cancel culture attempts to silence authors who express “unapproved” opinions by removing access to their works, publicly shaming them, and making attempts to destroy their livelihood. Cancel culture has been increasing, particularly on social media.
In this paper, the author argues that cancel culture is the antithesis of freedom of expression. He explores cancel culture through the theoretical lens of John Stuart Mill and a more contemporary advocate of free expression, Jonathan Rauch. The author discusses the controversy associated with Dr. Seuss Enterprise's decision to stop …
Gag With Malice,
2023
Penn State Dickinson Law
Gag With Malice, Shaakirrah R. Sanders
Washington and Lee Law Review
This Article brings agriculture privacy and other commercial gagging laws into the ongoing debate on the First Amendment actual malice rule announced in New York Times v. Sullivan. Despite a resurgence in contemporary jurisprudence, Justices Clarence Thomas and Neil Gorsuch have recently questioned the wisdom and viability of Sullivan, which originally applied actual malice to state law defamation claims brought by public officials. The Court later extended the actual malice rule to public figures, to claims for infliction of emotional distress, and—as discussed in this Article—to claims for invasion of privacy and to issues of public importance or concern.
United …
Mitigating Misinformation On Social Media Platforms: Treating Section 230 Of The Communications Decency Act As A Quid Pro Quo Benefit,
2023
University of Connecticut
Mitigating Misinformation On Social Media Platforms: Treating Section 230 Of The Communications Decency Act As A Quid Pro Quo Benefit, Meghan E. Mcdermott
Connecticut Law Review
The rise of misinformation on social media has prompted governments worldwide to enact legislation that may affect every person’s right to freedom of opinion and expression. In the United States, combatting misinformation shares surprising bipartisan support in an ever-divided political landscape. While several proposals have emerged that would strip social media companies of the twenty-fiveyear-old law that shields them from lawsuits over content, it is unlikely that they would survive the seemingly insurmountable First Amendment scrutiny. Thus, an alternative to combatting misinformation is needed.
In an attempt to provide an alternative, this Note presents a model for mitigating misinformation. By …
Sincerity, Subjectivity & Religion: The Evolution Of Rfra From A Constitutional Shield To A Political Sword,
2023
University of Oklahoma College of Law
Sincerity, Subjectivity & Religion: The Evolution Of Rfra From A Constitutional Shield To A Political Sword, Emily Kathryn Tubb
Oklahoma Law Review
No abstract provided.
