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Full-Text Articles in Law
Checking The Government’S Deception Through Public Employee Speech, Helen Norton
Checking The Government’S Deception Through Public Employee Speech, Helen Norton
Publications
No abstract provided.
Siri-Ously 2.0: What Artificial Intelligence Reveals About The First Amendment, Toni M. Massaro, Helen Norton, Margot E. Kaminski
Siri-Ously 2.0: What Artificial Intelligence Reveals About The First Amendment, Toni M. Massaro, Helen Norton, Margot E. Kaminski
Publications
The First Amendment may protect speech by strong Artificial Intelligence (AI). In this Article, we support this provocative claim by expanding on earlier work, addressing significant concerns and challenges, and suggesting potential paths forward.
This is not a claim about the state of technology. Whether strong AI — as-yet-hypothetical machines that can actually think — will ever come to exist remains far from clear. It is instead a claim that discussing AI speech sheds light on key features of prevailing First Amendment doctrine and theory, including the surprising lack of humanness at its core.
Courts and commentators wrestling with free …
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton
Publications
Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …
How Do We Know When Speech Is Of Low Value?, Helen Norton
How Do We Know When Speech Is Of Low Value?, Helen Norton
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No abstract provided.
From Google To Tolstoy Bot: Should The First Amendment Protect Speech Generated By Algorithms?, Margot Kaminski
From Google To Tolstoy Bot: Should The First Amendment Protect Speech Generated By Algorithms?, Margot Kaminski
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No abstract provided.
The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss
Publications
Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality television …
Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton
Regulating Cyberharassment: Some Thoughts On Sexual Harassment 2.0, Helen Norton
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No abstract provided.
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
Six Opinions By Mr. Justice Stevens: A New Methodology For Constitutional Cases?, Robert F. Nagel
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No abstract provided.
Voice In Government: The People, Emily Calhoun
How To Do Things With The First Amendment, Pierre Schlag
How To Do Things With The First Amendment, Pierre Schlag
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No abstract provided.
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
Progressive Free Speech And The Uneasy Case For Campus Hate Codes, Robert F. Nagel
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No abstract provided.
Silence And The Word, Paul Campos
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
Commentary, The Selling Of Jury Deliberations, Robert F. Nagel
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No abstract provided.
Forgetting The Constitution, Robert F. Nagel
Teaching Tolerance, Robert F. Nagel
Freedom Of Speech As Therapy, Pierre Schlag
Book Review, Pierre Schlag
Rules And Standards, Pierre Schlag
On Complaining About The Burger Court, Robert F. Nagel
On Complaining About The Burger Court, Robert F. Nagel
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No abstract provided.
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel
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No abstract provided.
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
An Attack On Categorical Approaches To Freedom Of Speech, Pierre J. Schlag
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No abstract provided.
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Unconstitutional Conditions Upon Public Employment: New Departures In The Protection Of First Amendment Rights, Harold H. Bruff
Publications
No abstract provided.