Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First Amendment (2)
- Social media (2)
- Actual Malice Privilege (1)
- And Bisexual Group of Boston (1)
- Biden v. Knight First Amend. Inst. at Colum. Univ (1)
-
- Censorship (1)
- Certiorari (1)
- Circuit split (1)
- Citizenship Clause (1)
- Common carrier (1)
- Constitutional Law (1)
- Content moderation (1)
- Content-moderation decisions (1)
- Democracy (1)
- Due Process (1)
- Editorial discretion (1)
- Elections (1)
- Eleventh Circuit (1)
- Equal Protection (1)
- Fifth Circuit (1)
- Free Speech (1)
- Free speech (1)
- Freedom of speech (1)
- Fundamental Rights (1)
- Gertz v. Robert Welch (1)
- Guarantee Clause (1)
- Hurley v. Irish American Gay (1)
- Hutchinson v. Proxmire (1)
- Inc. (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The News Media Engagement Principle: Why Social Media Has Not Actually Overrun The Limited Purpose Public Figure Category, Zachary R. Cormier
The News Media Engagement Principle: Why Social Media Has Not Actually Overrun The Limited Purpose Public Figure Category, Zachary R. Cormier
University of Miami Law Review
Has the rise of social media ruined the limited purpose public figure category of the First Amendment’s actual malice privilege? Justice Gorsuch believes so—and he has recently invited courts to get rid of it. He argues that the category now includes vast numbers of otherwise private citizens that have “become ‘public figures’ on social media overnight.” With so many people qualifying as limited purpose public figures (and having to overcome the actual malice standard to prevail on a defamation claim), he claims that the category has evolved to provide an unjustified shield for the masses of misinformation-peddlers on social media. …
For Freedom Or Full Of It? State Attempts To Silence Social Media, Grace Slicklen
For Freedom Or Full Of It? State Attempts To Silence Social Media, Grace Slicklen
University of Miami Law Review
Freedom of speech is, unsurprisingly, foundational to the “land of the free.” However, the “land of the free” has undergone some changes since the First Amendment’s ratification. Unprecedented technological evolution has ushered in a digital forum in which the volume, speed, and reach of words transcend the Framers’ visions of the First Amendment’s aims. Social media platforms have become central spaces for public discourse, where opportunities to create—and repress—speech are endless. From enabling individuals to freely express their views, to allowing state actors to limit open exchanges, it is about time that the Supreme Court tackles this complex issue of …
Advancing America’S Emblematic Right: Doctrinal Bases For The Fundamental Constitutional Right To Vote Per Se, Susan H. Bitensky
Advancing America’S Emblematic Right: Doctrinal Bases For The Fundamental Constitutional Right To Vote Per Se, Susan H. Bitensky
University of Miami Law Review
This Article identifies and examines the Supreme Court’s longstanding unintelligibility with respect to recognition of a fundamental right to vote per se under the Constitution. In a host of equal protection cases, the Court’s refusal to “say what the law is” in this regard has produced a chaotic jurisprudence on the status of the right. Because ours is a constitutional schema consisting of multiple types of rights to vote, the refusal manifests as judicial reliance on and acclamation of some unspecified right to vote. It is refusal by lack of clarity. The unsorted right has led some scholars to conclude …