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Full-Text Articles in Law
Federal Architecture And First Amendment Limits, Jessica Rizzo
Federal Architecture And First Amendment Limits, Jessica Rizzo
Washington Journal of Law, Technology & Arts
In December of 2020, President Trump issued an executive order on “Promoting Beautiful Federal Civic Architecture,” a draft of which was leaked to the press in February under the title, “Making Federal Buildings Beautiful Again.” The order provided for updating the Guiding Principles of the General Services Administration’s Design Excellence Program to promote the use of “classical and traditional architectural styles,” which “have proven their ability to inspire…respect for our system of self-government.” According to the order, there would have been a presumption against the use of such modern architectural styles as Brutalism and Deconstructivism in the construction of new …
Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker
Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker
Washington Journal of Law, Technology & Arts
Society has a love-hate relationship with social media. Thanks to social media platforms, the world is more connected than ever before. But with the ever-growing dominance of social media there have come a mass of challenges. What is okay to post? What isn't? And who or what should be regulating those standards? Platforms are now constantly criticized for their content regulation policies, sometimes because they are viewed as too harsh and other times because they are characterized as too lax. And naturally, the First Amendment quickly enters the conversation. Should social media platforms be subject to the First Amendment? Can—or …
Transformative Variations: The Uses And Abuses Of The Transformative Use Doctrine In Right Of Publicity Law, Matthew D. Bunker, Emily Erickson
Transformative Variations: The Uses And Abuses Of The Transformative Use Doctrine In Right Of Publicity Law, Matthew D. Bunker, Emily Erickson
Washington Journal of Law, Technology & Arts
In 2001, the California Supreme Court embarked upon a novel experiment in its right of publicity jurisprudence. The court imported a single element from copyright's fair use analysis. That element—transformative use—has since become an enormously important defense for publicity defendants. Unfortunately, the transformative use doctrine is notoriously protean, and has resulted in significant confusion in publicity law that almost certainly chills protected speech. Many courts seem to lack a clear idea of what a sophisticated transformative use analysis should even look like. This article unpacks these issues and proposes improvements to this difficult legal area.
The State Department Can Gun Down 3-D Printed Firearms, Derk Westermeyer
The State Department Can Gun Down 3-D Printed Firearms, Derk Westermeyer
Washington Journal of Law, Technology & Arts
In 1976, Congress enacted the Arms Export Control Act (“AECA”), giving the President broad power to control imports and exports of defense articles. At the time, defense articles included any “technical data” relating to weapons, such as the manufacturing blueprints of a firearm. Generally, this technical data was only in the hands of weapon manufacturers. After forty years of technological advances, however, this “technical data” can now be accessed by anyone in the world in a matter of seconds. Thanks to 3-D printing, a person can use this data to personally manufacture a fully functional plastic weapon within a few …
Revenge Porn And Narrowing The Cda: Litigating A Web-Based Tort In Washington, Jessy R. Nations
Revenge Porn And Narrowing The Cda: Litigating A Web-Based Tort In Washington, Jessy R. Nations
Washington Journal of Law, Technology & Arts
Effective September 2015, the Washington State Legislature passed two statutes which created both civil and criminal liability against individuals who distribute "intimate images" of others without their consent. These statutes were created to combat the modern phenomenon colloquially known as "revenge porn." Revenge porn is the non-consensual distribution of nude or sexually explicit photographs or videos, created with the intent to humiliate or harass the person these images depict. In addition to causing emotional damage to the victim, revenge porn can also produce broader consequences such as loss of employment and stalking. Traditionally, litigating these kinds of offenses has been …
Jail (E)Mail: Free Speech Implications Of Granting Inmates Access To Electronic Messaging Services, Brennen J. Johnson
Jail (E)Mail: Free Speech Implications Of Granting Inmates Access To Electronic Messaging Services, Brennen J. Johnson
Washington Journal of Law, Technology & Arts
The First Amendment protects not only our right to share ideas, but also to some extent, our right to choose the specific method by which we share them. Generally speaking, these protections apply to inmates’ rights to communicate with those outside of prison. However, the protection of those rights must be balanced with the penological interests of prisons and jails. Electronic messaging has now become a standard form of communication within most American homes and businesses. Accordingly, the Federal Bureau of Prisons has implemented the TRULINCS program, a program which allows inmates to communicate with those outside of prison through …
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Real-Time Sports Data And The First Amendment, Ryan M. Rodenberg, John T. Holden, Asa D. Brown
Washington Journal of Law, Technology & Arts
Technological advancements have created an emergent challenge for organizations attempting to monetize real-time information. Real-time data as a commodity is especially relevant in the sports industry. Sports leagues increasingly seek to control the dissemination of real-time data in conjunction with lucrative distribution agreements. We analyze the legal status of real-time sports data under both intellectual property law and the First Amendment, with our case-by-case analysis extending to spectators, gamblers, journalists, and non-gambling entrepreneurs. Although we conclude that the First Amendment protections are broad across all four categories, particularly when the underlying sporting event takes place on public land, we find …
A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young
A First Amendment Defense To The Federal Cyberstalking Statute In The Age Of Twitter, Christopher Young
Washington Journal of Law, Technology & Arts
Real-time information technology facilitates more efficient channels of communication. As communication becomes nearly instantaneous and further reaching, it seems probable that more expression will fall within the scope of cyberharassment and cyberstalking laws. Attorneys who represent clients indicted on such criminal charges need to familiarize themselves with possible defenses. This Article suggests invoking the overbreadth doctrine to exonerate a client who is charged with violating the federal cyberstalking statute.