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Articles 1 - 26 of 26
Full-Text Articles in Communications Law
A Wrong In Search Of A Duty: Public Nuisance, Social Media And The Youth Mental Health Crisis, Charles Bachmann
A Wrong In Search Of A Duty: Public Nuisance, Social Media And The Youth Mental Health Crisis, Charles Bachmann
Cardozo Journal of Equal Rights & Social Justice
The note argues that social media companies should be held accountable for their role in the youth mental health crisis through the legal framework of public nuisance law. Drawing parallels to successful cases against tobacco and opioid companies, the author contends that social media platforms, by prioritizing profits over user well-being, contribute to widespread harm such as anxiety, depression, and suicide among youth. While acknowledging concerns about judicial overreach and the challenges of proving causation, the note advocates for judicial intervention as a necessary corrective in the absence of effective legislative action.
The Advent Of Facial Recognition And The Erosion Of The Rule Of Law In "Moscow Smart City", Antonina Semivolos
The Advent Of Facial Recognition And The Erosion Of The Rule Of Law In "Moscow Smart City", Antonina Semivolos
Cardozo Journal of Equal Rights & Social Justice
The Russian government's deployment of facial recognition technology in Moscow, exemplified by the Popova case, highlights the erosion of civil liberties due to insufficient legal regulation and the absence of safeguards against surveillance overreach. This deployment underscores the broader decline in democratic principles and civil society's diminished capacity to challenge authoritarian measures.
Accessibility In The Digital Age - Why The United States Needs A New Approach To The Americans With Disabilities Act, William J. Seguin
Accessibility In The Digital Age - Why The United States Needs A New Approach To The Americans With Disabilities Act, William J. Seguin
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Americans with Disabilities Act (ADA) must be updated to address digital accessibility, as its current framework, designed for the physical world, fails to accommodate the realities of the digital age. The ADA's success in promoting physical accessibility contrasts sharply with its inadequacy in ensuring equal access to digital spaces, highlighting the need for a new approach that includes digital platforms under its protections.
The Modern Public Square: Digital Viewpoint Discrimination In The Age Of @Realdonaldtrump, Jonathan Groffinan
The Modern Public Square: Digital Viewpoint Discrimination In The Age Of @Realdonaldtrump, Jonathan Groffinan
Cardozo Journal of Equal Rights & Social Justice
The note argues that official social media accounts used by political figures for public engagement should be classified as designated public forums, ensuring First Amendment protections against viewpoint discrimination. It contends that blocking users based on their viewpoints violates constitutional rights, as such accounts serve as modern public squares essential for free speech and open discourse.
A Clear And Present Danger: The Need For Regulated Accountability For Online Service Providers To Preserve And Promote Free Speech, Notice, And Due Process, Benjamin H. Winters
A Clear And Present Danger: The Need For Regulated Accountability For Online Service Providers To Preserve And Promote Free Speech, Notice, And Due Process, Benjamin H. Winters
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
Viewer Disability And Television Accessibility: Closed-Captioning And Video Description Requirements In Today's Television Environment, Kimberlianne Podlas
Viewer Disability And Television Accessibility: Closed-Captioning And Video Description Requirements In Today's Television Environment, Kimberlianne Podlas
Cardozo Journal of Equal Rights & Social Justice
The article examines the legal and practical challenges of ensuring accessibility for individuals with sensory impairments in the contemporary television landscape, highlighting gaps in current regulations and the role of voluntary industry efforts in advancing accessibility. It argues that while laws like the Twenty-First Century Communications and Video Accessibility Act (CVAA) and the Americans with Disabilities Act (ADA) provide a framework for accessibility, they fail to comprehensively address the complexities of modern streaming platforms and digital services. The analysis emphasizes the importance of both regulatory expansion and industry-led initiatives to achieve equitable access for all viewers.
Adult Entertainment Film Contracts: To Enforce Or Not To Enforce?, Elizabeth Lin
Adult Entertainment Film Contracts: To Enforce Or Not To Enforce?, Elizabeth Lin
Cardozo Journal of Equal Rights & Social Justice
The note argues that adult entertainment film contracts should be enforceable, as the consideration—whether in the form of performance, waiver of privacy, or sexual intercourse—meets legal standards. It posits that evolving social norms and legal precedents, such as the legalization of adult entertainment and the enforceability of cohabitation agreements, support the validity of these contracts, despite historical opposition due to public policy concerns.
A Limited Right To Be Forgotten To Protect The Privacy Rights Of Juvenile Offenders, Danyaw Chen
A Limited Right To Be Forgotten To Protect The Privacy Rights Of Juvenile Offenders, Danyaw Chen
Cardozo Journal of Equal Rights & Social Justice
The note advocates for the adoption of a right to be forgotten for juvenile offenders in the U.S., inspired by the EU's approach, to protect their privacy and future prospects in the digital age. It critiques the U.S. system for inadequate protection of juvenile privacy and proposes a mechanism to remove certain search results related to juvenile offenses, while addressing constitutional challenges and balancing privacy rights with free speech.
Chaperoning Love Online: Online Dating Liability And The Wavering Application Of Cda § 230, Lindsey A. Datte
Chaperoning Love Online: Online Dating Liability And The Wavering Application Of Cda § 230, Lindsey A. Datte
Cardozo Journal of Equal Rights & Social Justice
The note argues that the online dating industry's voluntary adoption of screening initiatives, while well-intentioned, is legally misguided. Such practices may expose platforms to increased liability and undermine the protections afforded by the Communications Decency Act (CDA) 230, which shields interactive computer services from liability for third-party content. The analysis contends that these efforts to self-regulate, though driven by legislative and societal pressure, may inadvertently erode the industry's immunity under CDA 230 and create new legal vulnerabilities.
Give Me Internet Or Give Me Death: Analyzing The Constitutionality Of Internet Restrictions As A Condition Of Supervised Release For Child Pornography Offenders, Laura Tatelman
Cardozo Journal of Equal Rights & Social Justice
The note argues that blanket bans on internet and internet-capable devices as a condition of supervised release for child pornography offenders are unconstitutional under the doctrine of unconstitutional conditions. These bans infringe on fundamental liberties such as speech, association, and access to information, disproportionately affecting offenders’ ability to reintegrate into society. The analysis advocates for a balanced approach that prioritizes public safety while respecting constitutional rights, suggesting alternatives like supervised release rather than outright internet prohibition.
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Expanding Rape Shield Laws: Breaking Through Prejudice For Better Protection Of Battered Women, Sarah C. Ayres
Cardozo Journal of Equal Rights & Social Justice
The article argues for the expansion of rape shield laws to civil cases involving orders of protection, asserting that the exclusion of evidence regarding consensual sex between a victim and her abuser is crucial to counteract prejudicial stereotypes and provide better legal protection for battered women.
Cyber Crime Control: Will Websites Ever Be Held Accountable For The Legal Activities They Profit From?, Ashley Ingber
Cyber Crime Control: Will Websites Ever Be Held Accountable For The Legal Activities They Profit From?, Ashley Ingber
Cardozo Journal of Equal Rights & Social Justice
The note examines the evolving legal landscape surrounding the liability of online platforms like Craigslist under Section 230 of the Communications Decency Act (CDA). While Section 230 currently shields Internet Service Providers (ISPs) from civil liability for third-party content, courts are increasingly narrowing its protections, particularly when platforms actively influence or profit from illegal activities. Criminal liability remains a significant exception to Section 230 immunity, and future legal developments may further restrict these protections, balancing free speech with accountability for online platforms.
Cartoons Aren't Real People, Too: Does The Regulation Of Virtual Child Pornography Violate The First Amendment And Criminalize Subversive Thought?, Keisha April
Cardozo Journal of Equal Rights & Social Justice
The note argues that the government's regulation of virtual child pornography, particularly under the Obscene Visual Representations of the Sexual Abuse of Children (OVR) provision of the PROTECT Act, raises significant First Amendment concerns. While the provision aims to protect children, it criminalizes depictions that do not involve real children, undermining free expression. The analysis critiques the OVR provision's overbreadth and vagueness, asserting that it chills artistic expression and fails to serve a compelling government interest. The note advocates for narrowing the provision to focus on actual harm rather than fictional depictions.
He's So Gay ... Not That There's Anything Wrong With That: Using A Community Standard To Homogenize The Measure Of Reputational Damage In Homosexual Defamation Cases, Abigail A. Rury
Cardozo Journal of Equal Rights & Social Justice
The note examines the role of the community standard in determining defamation, particularly in cases involving false claims of homosexuality. It argues that the current application of the community standard often lacks clarity and may reflect judicial biases, leading to inconsistent rulings. The note proposes reforms to enhance the accuracy and transparency of defamation analysis by adopting a contemporary community standard, similar to that used in obscenity law, which considers specific geographic and social contexts.
The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg
The Prop 8 Decision And Courtroom Drama In The Youtube Age: Why Camera Use Should Be Permitted In Courtrooms During High Profile Civil Cases, Matthew E. Feinberg
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer
From Legally Blonde To Miss Congeniality: The Femininity Conundrum, Anna M. Archer
Cardozo Journal of Equal Rights & Social Justice
The article argues that popular movies like Legally Blonde and Miss Congeniality perpetuate harmful gender stereotypes by depicting women as needing to conform to traditional notions of femininity or masculinity to succeed in male-dominated professions. These portrayals contradict the protections provided by Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on sex. The article contends that such films send the wrong message by suggesting women must change themselves to fit societal expectations rather than challenging those expectations.
Challenging Standard Conceptions Of Tradition, Science And Technology In 2006: Why Laws Prohibiting The Sale Of Violent Video Games To Minors Should Be Ultimately Upheld, Ilana Lubin
Cardozo Journal of Equal Rights & Social Justice
The note argues that regulating the sale of violent video games to minors is constitutionally justifiable, supported by scientific evidence on adolescent brain development and legal precedents. It critiques the lack of a clear legal standard in court decisions and advocates for a nuanced approach that balances First Amendment rights with public safety concerns.
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Naked Before The Law: Reality Porn And The Capacity To Contract, Benjamin J. Cooper
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal challenges surrounding reality pornography, particularly through the lens of the Girls Gone Wild series, highlighting the tension between First Amendment protections for producers and the rights of participants. It argues that the legal framework governing consent, exploitation, and contractual agreements in this context is unclear and often fails to protect participants, many of whom face severe consequences. The analysis underscores the complexities of balancing public interest, contractual capacity, and the rights of minors in this lucrative yet legally fraught industry.
The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista
The Ramifications Of The Fcc's Failure To Minimize Negative Media Portrayals Of Latinas And Black Women, Fiordaliza Batista
Cardozo Journal of Equal Rights & Social Justice
The note argues that the Federal Communications Commission (FCC) has failed to address the systemic issue of negative and stereotypical portrayals of minorities, particularly minority women, in media. These portrayals perpetuate racial and gender stereotypes, contributing to societal discrimination and violence. The FCC's inaction, coupled with its refusal to recognize minority status in licensing and employment practices, exacerbates these issues. The note calls for revised policies to promote diversity and accurate representations in broadcasting, emphasizing the need for regulatory reforms to address these harms.
The Xxx-Files: Cal/Osha's Regulatory Response To Hiv In The Adult Film Industry, Christina Jordan
The Xxx-Files: Cal/Osha's Regulatory Response To Hiv In The Adult Film Industry, Christina Jordan
Cardozo Journal of Equal Rights & Social Justice
The note examines the challenges in regulating California's straight adult film industry following an HIV outbreak, highlighting tensions between the industry's resistance to regulation and CalOSHA's efforts to enforce workplace safety standards. It critiques the industry's reliance on self-regulation and explores the legal implications of determining whether performers are employees or independent contractors. The analysis underscores the potential public health consequences of inadequate oversight and the industry's threats to evade regulation by moving underground.
Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs
Permissive Pornography: The Selective Censorship Of The Internet Under Cipa, Heidi Wachs
Cardozo Journal of Equal Rights & Social Justice
The note critiques the Children's Internet Protection Act (CIPA) and its implementation, arguing that while its intent to protect children from online pornography is laudable, the mandated use of Internet filters is flawed. The study demonstrates that current filtering technology often overblocks access to critical nonpornographic health information, particularly affecting vulnerable populations like teenagers seeking sexual health resources. The Supreme Court's ruling in United States v. American Library Association upheld CIPA, dismissing less restrictive alternatives, but the article contends that this approach may harm patrons by restricting access to essential information.
Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock
Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock
Cardozo Journal of Equal Rights & Social Justice
The note critiques the notice provision of the Adoption Act of 2001, arguing that it unjustly required single mothers to publish personal details in newspapers, violating privacy rights under the Due Process Clause and the Florida Constitution. The provision was ultimately invalidated by the Fourth District Court of Appeals, reflecting a broader tension between protecting fathers' rights and safeguarding mothers' privacy. The legislature's repeal of the notice requirement and the establishment of a voluntary putative father registry marked a shift toward balancing these interests while respecting reproductive autonomy.
How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg
How The Overturn Of The Child Pornography Prevention Act Under Ashcroft V. Free Speech Coalition Contributes To The Protection Of Children, Emily D. Goldberg
Cardozo Journal of Equal Rights & Social Justice
The note examines the Supreme Court's decision in Ashcroft v. Free Speech Coalition, which struck down portions of the Child Pornography Prevention Act (CPPA) as unconstitutional under the First Amendment. The Court ruled that the CPPA's ban on virtual child pornography was overbroad, as it prohibited lawful speech that could have artistic, literary, or scientific value. The decision highlights the tension between protecting children from exploitation and safeguarding free speech, ultimately emphasizing the importance of allowing narratives that confront and address difficult issues like child sexual abuse.
Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson
Parental Liability And The Criminal Misconduct Of Children In The Wake Of An Unregulated Internet: Who Should Pay?, Katherine R. Richardson
Cardozo Journal of Equal Rights & Social Justice
The note examines the legal and practical challenges of holding parents accountable for their children's criminal acts, particularly when influenced by internet content. It questions the effectiveness of parental liability laws and highlights the tension between child protection, parental rights, and internet regulation. While acknowledging the complexity of these issues, the note suggests that parental liability should only apply when a clear causal link exists between negligence and harm, though proving such a link is legally challenging. Ultimately, the analysis advocates for a nuanced approach to balancing these competing interests.
Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham
Invasion Of Privacy Tort: Does The Deference Given To The Press Ignore The Family, T. Michael Wickersham
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan
To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan
Cardozo Journal of Equal Rights & Social Justice
The note argues that the current regulatory distinctions between broadcast and cable television in the United States are outdated and should be unified to better protect children from indecent content while respecting adult First Amendment rights. It proposes adopting a consistent "safe harbor" provision for both broadcast and basic cable television, combined with the use of the V-chip technology, as a constitutionally sound and less restrictive means of achieving the government's dual objectives of supporting parental authority and safeguarding children's well-being.