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Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg Dec 2013

Tollbooths And Newsstands On The Information Superhighway, Brad A. Greenberg

Michigan Telecommunications & Technology Law Review

Countering the perception that speech limitations affecting distribution necessarily reduce access to information, this Essay proffers that copyright expansions actually can increase access and thereby serve important copyright and First Amendment values. In doing so, this discussion contributes to the growing literature and two recent Supreme Court opinions discussing whether copyright law and First Amendment interests can coexist.


When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre May 2013

When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre

Seattle University Law Review

Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court …


Net Neutrality: Preparing For The Future, Jennifer Wong Mar 2013

Net Neutrality: Preparing For The Future, Jennifer Wong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12 Jan 2013

The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12

NYLS Law Review

No abstract provided.


Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman Jan 2013

Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman

Articles & Chapters

While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.

I argue that the myth of the online anonym is not only false as a …


Emerging Technologies And Dwindling Speech, Jorge R. Roig Dec 2012

Emerging Technologies And Dwindling Speech, Jorge R. Roig

Jorge R Roig

Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …


Obscenity, Internet, Free Press And Free Speech - Constitutions Of India And The United States, Khagesh Gautam Prof. Dec 2012

Obscenity, Internet, Free Press And Free Speech - Constitutions Of India And The United States, Khagesh Gautam Prof.

Khagesh Gautam

No abstract provided.