Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (10)
- William & Mary Law School (7)
- American University Washington College of Law (5)
- New York Law School (5)
- Touro University Jacob D. Fuchsberg Law Center (5)
-
- Cleveland State University (4)
- Schulich School of Law, Dalhousie University (4)
- St. John's University School of Law (4)
- Seattle University School of Law (3)
- University of Colorado Law School (3)
- University of Michigan Law School (3)
- University of Rhode Island (3)
- BLR (2)
- Boston University School of Law (2)
- Florida International University College of Law (2)
- Maurer School of Law: Indiana University (2)
- Northwestern Pritzker School of Law (2)
- SelectedWorks (2)
- The University of Akron (2)
- University of Georgia School of Law (2)
- University of Missouri School of Law (2)
- University of Oklahoma College of Law (2)
- University of Pittsburgh School of Law (2)
- University of San Diego (2)
- Boise State University (1)
- Brooklyn Law School (1)
- Case Western Reserve University School of Law (1)
- Claremont Colleges (1)
- Duke Law (1)
- Florida State University College of Law (1)
- Publication Year
- Publication
-
- Faculty Publications (9)
- NYLS Law Review (5)
- Articles in Law Reviews & Other Academic Journals (4)
- Articles, Book Chapters, & Popular Press (4)
- Faculty Scholarship (4)
-
- Touro Law Review (4)
- Dignity: A Journal of Analysis of Exploitation and Violence (3)
- Akron Law Review (2)
- All Faculty Scholarship (2)
- Articles (2)
- David Barnhizer (2)
- ExpressO (2)
- Federal Communications Law Journal (2)
- Germán M. Teruel Lozano (2)
- Jorge R Roig (2)
- Northwestern University Law Review (2)
- Oklahoma Journal of Law and Technology (2)
- Publications (2)
- San Diego International Law Journal (2)
- Scholarly Works (2)
- Seattle University Law Review (2)
- St. John's Law Review (2)
- William & Mary Bill of Rights Journal (2)
- William & Mary Law Review (2)
- Aaron K. Perzanowski (1)
- Adam A Marshall (1)
- American University Law Review (1)
- Brooklyn Law Review (1)
- Buffalo Law Review (1)
- CMC Senior Theses (1)
- Publication Type
Articles 1 - 30 of 102
Full-Text Articles in Law
Section 230 As Civil Rights Statute, Enrique Armijo
Section 230 As Civil Rights Statute, Enrique Armijo
University of Cincinnati Law Review
Many of our most pressing discussions about justice, progress, and civil rights have moved online. Activists advocating for social change no longer need to be in the same physical space to connect with others who share their challenges and aspirations. But the convergence of mobility, connectivity, and technology is not the only reason why. Thanks to Section 230 of the Communications Decency Act’s (“Section 230”) immunity for online platforms, websites, and their hosts, speakers can engage in speech about protest, equality, and dissent without fear of collateral censorship from governments, authorities, and others in power who hope to silence them. …
The Five Internet Rights, Nicholas J. Nugent
The Five Internet Rights, Nicholas J. Nugent
Washington Law Review
Since the dawn of the commercial internet, content moderation has operated under an implicit social contract that website operators could accept or reject users and content as they saw fit, but users in turn could self-publish their views on their own websites if no one else would have them. However, as online service providers and activists have become ever more innovative and aggressive in their efforts to deplatform controversial speakers, content moderation has progressively moved down into the core infrastructure of the internet, targeting critical resources, such as networks, domain names, and IP addresses, on which all websites depend. These …
If You Can’T Beat Them, Get Even: A Proposal To Level The Playing Field Between Social Media Platforms And Their Wrongfully Removed Users, Bernie Gabrielle Toledano
If You Can’T Beat Them, Get Even: A Proposal To Level The Playing Field Between Social Media Platforms And Their Wrongfully Removed Users, Bernie Gabrielle Toledano
Brooklyn Law Review
Millions of individuals in the United States maintain both personal and business accounts on social media platforms, a handful of which dominate the market for online content. However, if one of these platforms removes an account without cause, the affected user has little recourse because most platforms’ Terms of Service contain clauses allowing them to terminate user accounts for any reason. Nevertheless, as the power imbalance between platforms and users grows, scholars and judges are starting to believe that there is a need for greater regulation of these platforms. This note explores the ramifications of the social media regulatory gaps …
Free Speech On Social Media: Unrestricted Or Regulated?, Alessandra Garcia Guevara
Free Speech On Social Media: Unrestricted Or Regulated?, Alessandra Garcia Guevara
Student Writing
Social media has evolved into an essential mode of communication in recent years, allowing people to express their thoughts with the audience of their choice by sending private messages, posting their thoughts, or sharing their opinions. Such audiences can come from all over the world because this online technology breaks down geographic, linguistic, and cultural barriers. As a result, social media has evolved into a powerful tool for self-expression, allowing anyone with an Internet connection to participate in global debates. However, its misuse has had disastrous consequences in the real world, such as the attack on the Capitol that occurred …
Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle
Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle
CMC Senior Theses
This thesis tracks the development of the Fight Online Sex Trafficking Act/Stop Enabling Sex Traffickers Act, or FOSTA/SESTA, which became federal law in 2018. The law's passage followed as a natural consequence of popular concerns about human trafficking. Congress passed the legislation by large margins in both houses given bipartisan opposition to sex trafficking. This thesis identifies plausible reasons for the only two Senate votes against the bill: those of Senators Rand Paul and Ron Wyden. Though these senators came from opposite sides of the aisle, they shared concerns about the future of free speech online and the potential failure …
Absolute Publishing Power And Bulletproof Immunity: How Section 230 Shields Internet Service Providers From Liability And Makes It Impossible To Protect Your Reputation Online, Victoria Anderson
Seattle University Law Review Online
No abstract provided.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
Stanley Fish, The First, And The Life Of The Law, Samuel A. Terilli, Jr.
FIU Law Review
No abstract provided.
Free Speech In The Modern Age, Fordhamiplj@Gmail.Com
Free Speech In The Modern Age, Fordhamiplj@Gmail.Com
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon
Review Law: New York Defamation Applied To Online Consumer Reviews, Ian Lewis-Slammon
St. John's Law Review
(Excerpt)
In early July 2017, Michelle Levine booked her first and only appointment with gynecologist Dr. Joon Song for an annual exam. Ms. Levine had a dissatisfying experience with the office. She claims that Dr. Song’s office did not follow up with her for almost a month, and that when she called to ask about the results of a blood test, Dr. Song’s staff falsely informed her that she tested positive for herpes. To top it off, Ms. Levine alleges that the office overcharged her. Following this experience, Ms. Levine did what many others do when dissatisfied with a product …
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
The Arms Dealer Who Cries, :“First Amendment”, Gustave Passanante
Touro Law Review
No abstract provided.
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Fosta: A Necessary Step In Advancement Of The Women’S Rights Movement, Alexandra Sanchez
Touro Law Review
No abstract provided.
Contracting For Fourth Amendment Privacy Online, Wayne A. Logan, Jake Linford
Contracting For Fourth Amendment Privacy Online, Wayne A. Logan, Jake Linford
Scholarly Publications
No abstract provided.
Congress, The Internet, And The Intractable Pornography Problem: The Child Online Protection Act Of 1998, Timothy Zick
Congress, The Internet, And The Intractable Pornography Problem: The Child Online Protection Act Of 1998, Timothy Zick
Timothy Zick
No abstract provided.
Brief Amici Curiae Of Electronic Frontier Foundation, 1851 Center For Constitutional Law, And Profs. Jonathan Entin, David F. Forte, Andrew Geronimo, Raymond Ku, Stephen Lazarus, Kevin Francis O’Neill, Margaret Tarkington, Aaron H. Caplan, And Eugene Volokh In Support Of Respondent-Appellant, Joni Bey And Rebecca Rasawehr V. Jeffrey Rasawehr, Supreme Court Of Ohio (Case No. 2019-0295), David Forte, Stephen R. Lazarus, Kevin F. O'Neill, Jonathan L. Entin, Andrew Geronimo, Raymond Ku, Margaret Tarkington, Aaron H. Kaplan, Eugene Volokh
Brief Amici Curiae Of Electronic Frontier Foundation, 1851 Center For Constitutional Law, And Profs. Jonathan Entin, David F. Forte, Andrew Geronimo, Raymond Ku, Stephen Lazarus, Kevin Francis O’Neill, Margaret Tarkington, Aaron H. Caplan, And Eugene Volokh In Support Of Respondent-Appellant, Joni Bey And Rebecca Rasawehr V. Jeffrey Rasawehr, Supreme Court Of Ohio (Case No. 2019-0295), David Forte, Stephen R. Lazarus, Kevin F. O'Neill, Jonathan L. Entin, Andrew Geronimo, Raymond Ku, Margaret Tarkington, Aaron H. Kaplan, Eugene Volokh
Law Faculty Briefs and Court Documents
The brief argues that the Third District Court of Appeals, in violation of the First Amendment, erred in upholding an injunction that barred defendant from any online postings regarding plaintiff, whether or not those postings were to plaintiff or to third parties.
Prior Restraint In The Digital Age, Ariel L. Bendor, Michal Tamir
Prior Restraint In The Digital Age, Ariel L. Bendor, Michal Tamir
William & Mary Bill of Rights Journal
In this Article we argue that the digital revolution requires a reshaping of the Doctrine of Prior Restraint, which prohibits the implementation of any regulations that prevent the publication of speech prior to its distribution. We describe the prohibition on prior restraint of speech, its rationales and its exceptions; present the characteristics of the media in the digital age; suggest that the traditional design of the Doctrine does not fit these characteristics; and describe the reshaping that we propose in order to adapt the Doctrine to the age of the Internet and social networking.
Everything Old Is New Again: Does The '.Sucks' Gtld Change The Regulatory Paradigm In North America?, Jacqueline D. Lipton
Everything Old Is New Again: Does The '.Sucks' Gtld Change The Regulatory Paradigm In North America?, Jacqueline D. Lipton
Articles
In 2012, the Internet Corporation for Assigned Names and Numbers (“ICANN”) took the unprecedented step of opening up the generic Top Level Domain (“gTLD”) space for entities who wanted to run registries for any new alphanumeric string “to the right of the dot” in a domain name. After a number of years of vetting applications, the first round of new gTLDs was released in 2013, and those gTLDs began to come online shortly thereafter. One of the more contentious of these gTLDs was “.sucks” which came online in 2015. The original application for the “.sucks” registry was somewhat contentious with …
From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe
From Innovation To Abuse: Does The Internet Still Need Section 230 Immunity?, Benjamin Volpe
Catholic University Law Review
In 1996, Congress passed the Communications Decency Act to allow the screening of offensive material from the internet, while preserving the continued development of the internet economy without burdensome regulation. However, for years, online intermediaries have successfully used the Act as a shield from liability when third parties use their online services to commit tortious or criminal acts. This Comment argues that a wholly-unregulated internet is no longer necessary to preserve the once-fledgling internet economy. After evaluating various approaches to intermediary liability, this Comment also argues that Congress should take a more comprehensive look at consumer protection online and establish …
The First Amendment In The Second Gilded Age, Jack M. Balkin
The First Amendment In The Second Gilded Age, Jack M. Balkin
Buffalo Law Review
How do we pay for the digital public sphere? In the Second Gilded Age, the answer is primarily through digital surveillance and through finding ever new ways to make money out of personal data. Digital capitalism in the Second Gilded Age features an implicit bargain: a seemingly unlimited freedom to speak in exchange for the right to surveil and manipulate end users.To protect freedom of speech in the Second Gilded Age we must distinguish the values of free speech from the judicially created doctrines of the First Amendment. That is because the practical freedom to speak online depends on a …
Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018, David A. Logan
Rwu First Amendment Blog: David A. Logan's Blog: Infowars Goes To War With The First Amendment 08-15-2018, David A. Logan
Law School Blogs
No abstract provided.
Combating Fake News In Social Media: U.S. And German Legal Approaches, Ryan Kraski
Combating Fake News In Social Media: U.S. And German Legal Approaches, Ryan Kraski
St. John's Law Review
(Excerpt)
When asking how fake news in social media can be combated under U.S. and German law, one must first take the systems’ most fundamental differences into consideration. U.S. law is characterized by its federal structure, the interaction of state laws often with the federal, U.S. Constitution, usage of pretrial discovery, as well as the role of juries in calculating damages. In contrast, Germany, as a civil law system, is characterized by its usage of separate legal actions to acquire information, lack of pretrial discovery, and broader array of available remedies, none of which allow for punitive damages. Through a …
A Unifying Approach To Nexus Under The Dormant Commerce Clause, Adam B. Thimmesch
A Unifying Approach To Nexus Under The Dormant Commerce Clause, Adam B. Thimmesch
Michigan Law Review Online
The Supreme Court has long debated the existence and scope of its power to restrict state regulation under the so-called negative or dormant Commerce Clause. The Court took a broad view of that power in the late 1800s, but it has refined and restricted its role over time. One area where the Court has continued to wield considerable power, however, has been in the context of state taxes. Specifically, the Court has continued to restrict states' power to compel out-of-state vendors to collect their sales and use taxes based on a physical-presence "nexus" rule. That rule dates back to the …
United States V. Ammons, Rebecca Ruffer
The Ongoing Challenge To Define Free Speech, Stephen Wermiel
The Ongoing Challenge To Define Free Speech, Stephen Wermiel
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The New Governors: The People, Rules And Processes Governing Online Speech, Kate Klonick
The New Governors: The People, Rules And Processes Governing Online Speech, Kate Klonick
Faculty Publications
Private online platforms have an increasingly essential role in free speech and participation in democratic culture. But while it might appear that any internet user can publish freely and instantly online, many platforms actively curate the content posted by their users. How and why these platforms operate to moderate speech is largely opaque.
This Article provides the first analysis of what these platforms are actually doing to moderate online speech under a regulatory and First Amendment framework. Drawing from original interviews, archived materials, and internal documents, this Article describes how three major online platforms — Facebook, Twitter, and YouTube — …
Unmasking The Teen Cyberbully: A First Amendment-Compliant Approach To Protecting Child Victims Of Anonymous, School-Related Internet Harassment, Benjamin A. Holden
Unmasking The Teen Cyberbully: A First Amendment-Compliant Approach To Protecting Child Victims Of Anonymous, School-Related Internet Harassment, Benjamin A. Holden
Akron Law Review
In proposing a new rule under the First Amendment to adjudicate anonymous Cyberbullying cases, this Article first reviews and summarizes the First Amendment precedents governing regulation of speech by minors and student speech in the school environment. Second, it reviews and discusses the prevalence of minors’ online harassment or Cyberbullying, including pre-litigation disputes reported in the press. Third, it reviews and summarizes the First Amendment precedents governing the “unmasking” of anonymous speakers. Finally, the Cyberbully Unmasking Test is proposed and applied.
Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe
Emailer Beware: The Fourth Amendment And Electronic Mail, E. Parker Lowe
Oklahoma Journal of Law and Technology
No abstract provided.
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington
Courthouses, Bookshelves, And Portals: The Implications Of U.S. V. American Library Association On First Amendment Forum Analysis And Future Internet-Based Litigation Strategies, Alexandra R. Harrington
Oklahoma Journal of Law and Technology
No abstract provided.
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman
Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.