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Full-Text Articles in Law
The First Amendment In The Second Gilded Age, Jack M. Balkin
The First Amendment In The Second Gilded Age, Jack M. Balkin
Buffalo Law Review
How do we pay for the digital public sphere? In the Second Gilded Age, the answer is primarily through digital surveillance and through finding ever new ways to make money out of personal data. Digital capitalism in the Second Gilded Age features an implicit bargain: a seemingly unlimited freedom to speak in exchange for the right to surveil and manipulate end users.To protect freedom of speech in the Second Gilded Age we must distinguish the values of free speech from the judicially created doctrines of the First Amendment. That is because the practical freedom to speak online depends on a …
How Supreme A Court?, Thomas E. Kadri
How Supreme A Court?, Thomas E. Kadri
Popular Media
Facebook is planning an independent appeals process for content moderation decisions. But how much power will it have?
How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri
How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri
Popular Media
The idea of a body that will decide what kind of content is allowed on the site is promising — but only if it’s done right.
The Law Of Advertising Outrage, Mark Bartholomew
The Law Of Advertising Outrage, Mark Bartholomew
Journal Articles
This article examines the stimulation of audience outrage, both as a marketing strategy and as a subject of legal regulation. A brief history of advertising in the United States reveals repeated yet relatively infrequent attempts to attract consumer attention through overt transgressions of social norms relating to sex, violence, race, and religion. Natural concerns over audience reaction limited use of this particular advertising tactic as businesses needed to be careful not to alienate prospective purchasers. But now companies can engage in “algorithmic outrage”—social media advertising meant to stimulate individual feelings of anger and upset—with less concern for a consumer backlash. …
Inciting Terrorism On The Internet: The Limits Of Tolerating Intolerance, Amos N. Guiora
Inciting Terrorism On The Internet: The Limits Of Tolerating Intolerance, Amos N. Guiora
Utah Law Faculty Scholarship
The Internet is a limitless platform for information and data sharing. It is, in addition, however, a low-cost, high-speed dissemination mechanism that facilitates the spreading of hate speech, including violent and virtual threats. Indictment and prosecution for social media posts that transgress from opinion to incitable hate speech are appropriate in limited circumstances. Several real-world examples discussed here help to explore when limitations on Internet-based hate speech are appropriate.
In October 2015, twenty thousand Israelis joined a civil lawsuit filed against Facebook in the Supreme Court for the State of New York. Led by the civil rights organization Shurat HaDin, …