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When Lies Go Viral: The First Amendment Implications Of Regulating The Spread Of Fake News, Madeleine Rosuck 2020 Southern Methodist University, Dedman School of Law

When Lies Go Viral: The First Amendment Implications Of Regulating The Spread Of Fake News, Madeleine Rosuck

Science and Technology Law Review

No abstract provided.


Promoting Journalism As Method, Erin C. Carroll 2020 Georgetown University Law Center

Promoting Journalism As Method, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The marketplace of ideas has been a centerpiece of free speech jurisprudence for a century. According to the marketplace theory, the vigorous competition of ideas, free from government interference, is the surest path to truth. As our metaphorical marketplace has moved online, the competition has never been so heated. We should be drowning in truth. Yet, in reality, truth has perhaps never been more elusive.

As we struggle to promote democratic debate and surface truth in our chaotic networked public sphere, we are understandably drawn to familiar frames and tools. These include the source of the marketplace of ideas theory ...


News As Surveillance, Erin C. Carroll 2020 Georgetown University Law Center

News As Surveillance, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

As inhabitants of the Information Age, we are increasingly aware of the amount and kind of data that technology platforms collect on us. Far less publicized, however, is how much data news organizations collect on us as we read the news online and how they allow third parties to collect that personal data as well. A handful of studies by computer scientists reveal that, as a group, news websites are among the Internet’s worst offenders when it comes to tracking their visitors.

On the one hand, this surveillance is unsurprising. It is capitalism at work. The press’s business ...


Balancing Religious Liberty And Anti-Discrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda M. Bauges 2020 Concordia University - Portland

Balancing Religious Liberty And Anti-Discrimination Interests In The Public Employment Context: The Impact Of Masterpiece Cakeshop And American Legion, Brenda M. Bauges

Faculty Scholarship

At the heart of national debate in recent years is the balance between religious liberty and anti-discrimination interests. The Supreme Court’s recent Free Speech and Establishment Clause decisions in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, 138 S. Ct. 1719 (2018) and American Legion v. American Humanist Association, 139 S. Ct. 2067 (2019) push the pendulum in this debate towards greater protection of religious liberties, and signal the Court’s preference for context-specific tests for how the Establishment Clause will interact with the broader range of interests protected by the Free Exercise Clause. These cases are especially significant ...


First Amendment, Cleveland-Marshall College of Law Library 2020 Cleveland State University

First Amendment, Cleveland-Marshall College Of Law Library

Law Library Research Guides - Archived

No abstract provided.


International Standards For Protection Of Religious Freedom, Anthony Peirson Xavier Bothwell 2019 Golden Gate University School of Law

International Standards For Protection Of Religious Freedom, Anthony Peirson Xavier Bothwell

Annual Survey of International & Comparative Law

The Universal Declaration of Human Rights, inspired by the “four freedoms” articulated by Franklin D. Roosevelt, proclaims but does not define the religious liberty that is the birthright of all people. Four centuries ago, when few people were free, religious ideas fostered the development of some of the fundamental principles of the law of nations. As international law has matured, increasingly it has recognized the right of individuals and groups to pursue their own religions and beliefs. The United Nations system has generated an array of international conventions, covenants, and resolutions which today articulate the rights of adherents to all ...


Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker 2019 University of Washington School of Law

Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker

Washington Journal of Law, Technology & Arts

Society has a love-hate relationship with social media. Thanks to social media platforms, the world is more connected than ever before. But with the ever-growing dominance of social media there have come a mass of challenges. What is okay to post? What isn't? And who or what should be regulating those standards? Platforms are now constantly criticized for their content regulation policies, sometimes because they are viewed as too harsh and other times because they are characterized as too lax. And naturally, the First Amendment quickly enters the conversation. Should social media platforms be subject to the First Amendment ...


Where One Marketplace Closes, (Hopefully) Another Won't Open: In Defense Of Fosta, Abigail W. Balfour 2019 Boston College Law School

Where One Marketplace Closes, (Hopefully) Another Won't Open: In Defense Of Fosta, Abigail W. Balfour

Boston College Law Review

Since federal law first acknowledged the crime of sex trafficking in 2000, the internet has exploded—and sex traffickers have taken note. Traffickers have gained a platform to sell their victims to a much larger audience and with greater ease. Posting victims’ advertisements online allows traffickers to drastically expand their customer base beyond the traditional street corner. Despite congressional attempts to criminalize sex traffickers and their beneficiaries since 2000, the internet persists as an effective conduit for sex traffickers to find customers. In 2018, Congress sought to remedy this by passing legislation that expanded criminal and civil liability to websites ...


Shielding The "Enemy Of The People": Protecting The Reporter's Privilege In The Age Of Social Media, Ezra D. Dunkle-Polier 2019 Boston College Law School

Shielding The "Enemy Of The People": Protecting The Reporter's Privilege In The Age Of Social Media, Ezra D. Dunkle-Polier

Boston College Law Review

President Donald Trump and his surrogates regularly belittle media outlets that publish articles critical of the administration. Arguably, no newsgathering practice has undergone more scrutiny from the Trump Administration than the use of unnamed sources. During this time, journalists must understand the extent to which the law will protect their reporting and their valuable anonymous sources. Almost forty years ago, the United States Supreme Court held in Branzburg v. Hayes, in 1972 that a general federal reporter’s privilege does not exist. Robust reporter shield laws exist in individual states, but these privileges largely lag behind the digital media revolution ...


Setting Our Feet: The Foundations Of Religious And Conscience Protections, Hanna Torline 2019 Notre Dame Law School

Setting Our Feet: The Foundations Of Religious And Conscience Protections, Hanna Torline

Notre Dame Law Review

This Note does not attempt to claim that religion and conscience are not moral equivalents, that they are not equally important, or that they do not require equal legal treatment. Nor does it attempt to claim the converse. Simply put, it argues that a consideration of the different foundations underlying conscience protections and religious protections should give pause to anyone arguing that the two are equivalent. This Note concludes that the rationales behind protecting religion and conscience are different enough to merit consideration in the debate. For if religion and conscience are treated as equivalents under the law, they will ...


De Facto State: Social Media Networks And The First Amendment, Paul Domer 2019 Notre Dame Law School

De Facto State: Social Media Networks And The First Amendment, Paul Domer

Notre Dame Law Review

In Marsh v. Alabama, a Jehovah’s Witness was arrested and convicted of trespassing for proselytizing on a public sidewalk that nonetheless was, like everything else in the “company town,” privately owned. The Court reversed, holding that the First and Fourteenth Amendments applied against a private actor if it exercised all the powers and responsibilities traditionally associated with a government—policing, utilities, and traffic control, for example. Writing for the majority, Justice Black declared, “The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by ...


Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen 2019 University of Miami Law School

Bitcoin Is Speech: Notes Toward Developing The Conceptual Contours Of Its Protection Under The First Amendment, Justin S. Wales, Richard J. Ovelmen

University of Miami Law Review

Bitcoin permits users to engage in direct expressive activity with one another without the need for centralized intermediaries. It does so by utilizing an open and community-managed global database called a blockchain. While much of the literature about Bitcoin has focused on its use as a form of digital payment, this Article suggests an expanded understanding by demonstrating its use as a protocol network, not unlike the internet, that can be used to extend the possible range of human expression. After developing an appreciation of the technology, this Article recommends a framework for applying the First Amendment to Bitcoin and ...


Online Threats: The Dire Need For A Reboot In True Threats Jurisprudence, John Sivils 2019 Southern Methodist University, Dedman School of Law

Online Threats: The Dire Need For A Reboot In True Threats Jurisprudence, John Sivils

SMU Law Review Forum

No abstract provided.


Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson 2019 Washington and Lee University School of Law

Left With No Name: How Government Action In Intra-Church Trademark Disputes Violates The Free Exercise Clause Of The First Amendment, Mary Kate Nicholson

Washington and Lee Law Review

The United States was founded in part on the principle of freedom of religion, where citizens were free to practice any religion. The founding fathers felt so strongly about this principle that it was incorporated into the First Amendment. The Free Exercise Clause states that “Congress shall make no law . . . prohibiting the free exercise thereof . . . .” The Supreme Court later adopted the neutral principles approach to avoid Free Exercise violations resulting from courts deciding real property disputes. Without the application of the same neutral principles to intellectual property disputes between churches, however, there is real danger of violating the Free Exercise ...


Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden 2019 Roger Williams University School of Law

Law School News: Logan To Serve As Adviser On Restatement Third Of Torts 11-07-2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Treading On Sacred Land: First Amendment Implications Of Ice's Targeting Of Churches, Gabriella M. D'Agostini 2019 University of Michigan Law School

Treading On Sacred Land: First Amendment Implications Of Ice's Targeting Of Churches, Gabriella M. D'Agostini

Michigan Law Review

In the last few years, Immigration and Customs Enforcement (ICE) has begun to target religious institutions—specifically churches—as a means to find and arrest undocumented immigrants. This technique is in legal tension with the First Amendment rights of free exercise of religion and free association. It is unclear, however, how these legal rights protect those most affected by this targeting tactic: undocumented immigrants. Undocumented immigrants may lack standing to challenge ICE’s tactics on their own and may require the help of related parties to protect their interests.

This Note explores a potential solution to the ambiguity surrounding undocumented ...


Why Section 230 Is Better Than The First Amendment, Eric Goldman 2019 Santa Clara University School of Law

Why Section 230 Is Better Than The First Amendment, Eric Goldman

Notre Dame Law Review Reflection

47 U.S.C. § 230 (“Section 230”) immunizes Internet services from liability for third-party content. This immunity acts as a crucial legal foundation for the modern Internet. However, growing skepticism about the Internet has placed the immunity in regulators’ sights.

If the First Amendment mirrors Section 230’s speech protections, narrowing Section 230 would be inconsequential. This Essay explains why that is not the case. Section 230 provides defendants with more substantive and procedural benefits than the First Amendment does. Because the First Amendment does not backfill these benefits, reductions to Section 230’s scope pose serious risks to Internet ...


American Legion V. American Humanist Association, Seth T. Bonilla 2019 Alexander Blewett III School of Law at the University of Montana

American Legion V. American Humanist Association, Seth T. Bonilla

Public Land & Resources Law Review

The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.


Free, Hateful, And Posted: Rethinking First Amendment Protection Of Hate Speech In A Social Media World, Lauren E. Beausoleil 2019 Boston College Law School

Free, Hateful, And Posted: Rethinking First Amendment Protection Of Hate Speech In A Social Media World, Lauren E. Beausoleil

Boston College Law Review

Speech is meant to be heard, and social media allows for exaggeration of that fact by providing a powerful means of dissemination of speech while also distorting one’s perception of the reach and acceptance of that speech. Engagement in online “hate speech” can interact with the unique characteristics of the Internet to influence users’ psychological processing in ways that promote violence and reinforce hateful sentiments. Because hate speech does not squarely fall within any of the categories excluded from First Amendment protection, the United States’ stance on hate speech is unique in that it protects it. This Note argues ...


Supreme Court Watch, Reginald Oh 2019 Cleveland-Marshall College of Law, Cleveland State University

Supreme Court Watch, Reginald Oh

Reginald Oh

Professor Oh briefly describes Locke v. Davey in which the U.S. Supreme Court, in its 2003-04 term, attempted to clarify its First Amendment jurisprudence on the religion clauses. In a 7-2 decision, the Court held that the State of Washington did not violate the First Amendment Free Exercise Clause by denying government financial aid to college students seeking to pursue a course of study in religious devotional studies.


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