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- Circuit split; school; students; First Amendment; Internet; electronic speech; digital age; Tinker v. Des Moines; off-campus speech; school officials; school discipline; schoolhouse gate; free speech (1)
- Civil rights; foreign policy; national security; religion; religious liberty; sexual orientation; LGBT; LGBT community; Religious Right; Craig v. Masterpiece Cakeshop; Hobby Lobby; Elane Photography; First Amendment; RFRA; Free Exercise Clause (1)
- Edwarn Snowden; Metadata; Personal privacy; National Security Agency (NSA); Government Communications Headquarters (GCHQ); United States of America (USA); United Kingdom (UK); European Court of Human Rights (ECtHR); European Convention on Rights (ECHR); Investigatory Powers Tribunal; Britain; British Parliament; Telecommunications Act of 1984; American Civil Liberties Union (ACLU); USA PATROIT Act; Regulation of Investigatory Powers Act 2000; International human rights; Communications data; Confidential information; Disclosure of Communications Data Code of Practice; Surveillance program; Freedom of expression; National security; United Nation's Human Rights Council; United Nations General Assembly; First Amendment; United States Constitution; Jouralist; Jouralism (1)
- Elonis v. United States; true threat doctrine; domestic violence; Coercive Domestic Violence Statute; transaction-bound statute; intimate partner violence; gender-based violence; subjective intent; social media threats; order of protection; Interstate Communications Statute; First Amendment; reasonable listener standard; reasonable speaker standard; protected speech; Alafair Burke; Deborah Tuerkheimer; power and control; Anthony Elonis (1)
- European Court of Justice; Google Spain v. AEPD and Mario Costeja González; Google; Commission National de l'Informatique des Libertés; Consumers; Search engines; European Union; Internet Protocol; Martin v. Hearst Corporation; United States Supreme Court; Data Protection Directive; Direct 95/46/EC; Privacy; Internet; U.S. Citizens; Freedom of privacy; Freedom of speech; Universal Declaration of Human Rights; European Parliament; Globalization; European Commission; United States; Department of Defense Advanced Research Projects Agency; Griswold v. Connecticut; Right to be forgotten; Data Protection Working Party; Miller v. California; First Amendment (1)
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Articles 1 - 6 of 6
Full-Text Articles in Law
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz
Brooklyn Journal of International Law
As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …
Money, Speech, And Chutzpah, Joel Gora
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Looking Backward, Moving Forward: What Must Be Remembered When Resolving The Right To Be Forgotten, Katherine Stewart
Brooklyn Journal of International Law
In May 2014, the European Court of Justice decided Google Spain v. AEPD and González and granted citizens the right to be forgotten, rather, the right to request any search engine offering services to European consumers to remove certain results displayed after a search of a citizen’s name. This decision has also resulted in an ongoing battle between Google and the Commission Nationale de l’Infomatique et des Libertés (CNIL), France’s data protection authority. The CNIL believes that Google must apply the right to be forgotten to all domains worldwide, including Google.com. Google, however, has been reluctant to do so, given …
Domestic Violence Law, Abusers’ Intent, And Social Media: How Transaction-Bound Statutes Are The True Threats To Prosecuting Perpetrators Of Gender-Based Violence, Megan L. Bumb
Brooklyn Law Review
The rapid expansion of social media has brought with it a new platform for perpetrators of domestic violence to assert power and control over their victims. The statutes presently used to prosecute abusers fail to protect victims from social media threats and to punish abusers for making those threats. Using the Supreme Court’s 2015 decision in Elonis v. United States, this note proposes a straightforward solution to a multifaceted problem—how to better protect victims of domestic violence from social media threats while maintaining abusers’ First Amendment rights. The answer is not mere clarification of the true threat doctrine; it is …
Fueling The Terrorist Fires With The First Amendment: Religious Freedom, The Anti-Lgbt Right, And Interest Convergence Theory, Kyle C. Velte
Fueling The Terrorist Fires With The First Amendment: Religious Freedom, The Anti-Lgbt Right, And Interest Convergence Theory, Kyle C. Velte
Brooklyn Law Review
This article argues that there is a connection between formal equality for LGBT Americans and the United States’ foreign policy and national security interests. It makes that connection utilizing Professor Derek Bell’s interest convergence paradigm. It argues that the new agenda of the American Religious Right is one that seeks to assert quasi-theocratic and anti-Establishment positions in litigation as well as in its promulgation of anti-LGBT laws. This agenda is cloaked in the garb of “religious freedom,” but the Religious Right’s definition of “religious freedom” is one that runs counter to our long-standing understanding of that principle as one that …
Denying Certiorari In Bell V. Itawamba County School Board: A Missed Opportunity To Clarify Students’ First Amendment Rights In The Digital Age, Elizabeth A. Shaver
Denying Certiorari In Bell V. Itawamba County School Board: A Missed Opportunity To Clarify Students’ First Amendment Rights In The Digital Age, Elizabeth A. Shaver
Brooklyn Law Review
In the last decade, the federal circuit courts have grappled with the issue whether, and to what extent, school officials constitutionally may discipline students for their off-campus electronic speech. Before 2015, three federal circuit courts had extended school authority to off-campus electronic speech by applying a vague test that allows school officials to reach far beyond the iconic “schoolhouse gate” referenced in the Supreme Court’s landmark decision in Tinker v. Des Moines Independent Community School District. Two other federal circuits had avoided the issue altogether by deciding the cases before them on other grounds. In 2015, the Fifth Circuit Court …