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Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry
Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry
Department of Justice Studies Faculty Scholarship and Creative Works
Hate on the Internet presents a unique problem in the United States. The First Amendment to the Constitution protects speech, even that which is hateful and offensive. Although the First Amendment is not without limitation and, indeed, although there have been a small number of successful prosecutions of individuals who disseminated hate speech over the Internet, web-based hate continues to receive broad First Amendment protections. Some non-governmental organizations in the United States, such as the Anti-Defamation League (ADL) and the Southern Poverty Law Center, have adopted innovative approaches to hate on the Internet. For instance, the ADL tracks and monitors …
Network Neutrality After Comcast: Toward A Case-By-Case Approach To Reasonable Network Management, Christopher S. Yoo
Network Neutrality After Comcast: Toward A Case-By-Case Approach To Reasonable Network Management, Christopher S. Yoo
All Faculty Scholarship
The Federal Communications Commission’s recent Comcast decision has rejected categorical, ex ante restrictions on Internet providers’ ability to manage their networks in favor of a more flexible approach that examines each dispute on a case-by-case basis, as I have long advocated. This book chapter, written for a conference held in February 2009, discusses the considerations that a case-by-case approach should take into account. First, allowing the network to evolve will promote innovation by allowing the emergence of applications that depend on a fundamentally different network architecture. Indeed, as the universe of Internet users and applications becomes more heterogeneous, it is …