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Articles 1 - 5 of 5
Full-Text Articles in Law
Real "Fake News" And Fake "Fake News", Lili Levi
Fake News And The First Amendment: Reconciling A Disconnect Between Theory And Doctrine, Clay Calvert, Stephanie Mcneff, Austin Vining, Sebastian Zarate
Fake News And The First Amendment: Reconciling A Disconnect Between Theory And Doctrine, Clay Calvert, Stephanie Mcneff, Austin Vining, Sebastian Zarate
UF Law Faculty Publications
This Article analyzes calls for regulating so-called “fake news” through the lens of both traditional theories of free expression – namely, the marketplace of ideas and democratic self-governance – and two well-established First Amendment doctrines, strict scrutiny and underinclusivity. The Article argues there is, at first glance, a seeming disconnect between theory and doctrine when it comes to either censoring or safeguarding fake news. The Article contends, however, that a structural rights interpretation of the First Amendment offers a viable means of reconciling theory and doctrine. A structural rights approach focuses on the dangers of collective power in defining the …
Filtering Fake News Through A Lens Of Supreme Court Observations And Adages, Clay Calvert, Austin Vining
Filtering Fake News Through A Lens Of Supreme Court Observations And Adages, Clay Calvert, Austin Vining
UF Law Faculty Publications
This Essay analyzes multiple issues affecting fake news. It does so through a prism of seven observations by the U.S. Supreme Court concerning the First Amendment, free speech, and other matters. The Court's wisdom in these quotations provides propitious points of entree for exploring how to address and remedy problems many fear fake news causes. The Essay concludes that because fake news will never be eradicated from the metaphorical marketplace of ideas, greater effort must be spent making real news - fake news's constructive flipside - more appetizing to the public.
Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron
Extremist Speech, Compelled Conformity, And Censorship Creep, Danielle K. Citron
Faculty Scholarship
Silicon Valley has long been viewed as a full-throated champion of First Amendment values. The dominant online platforms, however, have recently adopted speech policies and processes that depart from the U.S. model. In an agreement with the European Commission, tech companies have pledged to respond to reports of hate speech within twenty-four hours, a hasty process that may trade valuable expression for speedy results. Plans have been announced for an industry database that will allow the same companies to share hashed images of banned extremist content for review and removal elsewhere.
These changes are less the result of voluntary market …
Is The First Amendment Obsolete?, Tim Wu
Is The First Amendment Obsolete?, Tim Wu
Michigan Law Review
The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly different than today’s. With respect to any given issue, speech was scarce and limited to a few newspapers, pamphlets or magazines. The law was embedded, therefore, with the presumption that the greatest threat to free speech was direct punishment of speakers by government.
Today, in the internet and social media age, it is no longer speech that is scarce—rather, it is the attention of listeners. And those who seek to control speech use new methods that rely on the weaponization …