Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Artificial intelligence (5)
- Privacy (4)
- Intellectual property (3)
- Algorithms (2)
- Criminal law (2)
-
- Data security (2)
- First Amendment (2)
- AI models (1)
- Algorithmic practices (1)
- Anonymous (1)
- Antitrust (1)
- Arbitration (1)
- Artificial Intelligence laws (1)
- Augmented reality (1)
- Authorization (1)
- Automation (1)
- Bilateral investment treaty (1)
- Blockchain (1)
- Blockchain technology (1)
- Bot Disclosure Act (1)
- Bot Legal Code (1)
- Bulk e-mail (1)
- Climate change (1)
- Cloud computing (1)
- Compliant artificial intelligence (1)
- Composition (1)
- Computer Fraud and Abuse Act (1)
- Computer-mediated communication (1)
- Cryptocurrency (1)
- Cyber attacks (1)
Articles 31 - 31 of 31
Full-Text Articles in Law
The New Software Jurisprudence And The Faltering First Amendment, Liam S. O'Melinn
The New Software Jurisprudence And The Faltering First Amendment, Liam S. O'Melinn
Vanderbilt Journal of Entertainment & Technology Law
Given that courts reviewing restrictions on the development and distribution of software are increasingly invoking the First Amendment, it should follow that software will receive strong protection. Yet, while there have been judicial decisions which lend credence to the view that the Constitution can be invoked to protect software, subsequent developments in this area, which I term "the new software jurisprudence" cast severe doubt on the ability of the courts to apply the First Amendment so as to shield software effectively. These developments include the faults of previous strains of First Amendment analysis and then add more, with the ironic …