Communications Law Commons^™

Harlem Shake Meets The Chevron Two Step: Net Neutrality Following Mozilla V. Fcc, Christopher R. Terry, Scott Memmel

Washington Journal of Law, Technology & Arts

In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out …

The Right Of Publicity As Market Regulator In The Age Of Social Media, Barbara Bruni

Cardozo Law Review

No abstract provided.

When A Picture Is Not Worth A Thousand Words: Why Emojis Should Not Satisfy The Statute Of Frauds' Writing Requirement, Moshe Berliner

Cardozo Law Review

No abstract provided.

“Opening The Door” To Presidential Press Conferences: A Framework For The Right Of Press Access, Alexandria R. Taylor

Washington and Lee Journal of Civil Rights and Social Justice

Since President Donald Trump took office in 2017, there has been tension between the White House and the press. While this tension has been present in prior presidencies, its current manifestation raises important First Amendment issues. This Note discusses the limitations of the President to restrict the press’s right of First Amendment access to presidential press conferences. After delving into the Supreme Court’s development and recognition of the press’s right of access and how the lower courts have interpreted this right, this Note proposes a framework to analyze the press’s right of access and addresses the question of when and …

Any Safe Harbor In A Storm: Sesta-Fosta And The Future Of § 230 Of The Communications Decency Act, Charles Matula

Duke Law & Technology Review

No abstract provided.

The Government Has Information Foia (For Ya): An Analysis Of Requesting Police Records In Collegedale, Tennessee And Athens, Georgia, Tierra Hayes

Capstone Research Projects

The Freedom of Information Act first went into effect in 1967 and was intended to give the general public of the United States more access to information and documents held by government entities. Since enactment, this act has given specifically journalists a means of approach to request previously undisclosed or hard to access materials including, but not limited to, police reports, body camera footage, court filings, budgets, salaries, and other documents held by various government offices. While there are restrictions with considerations such as national security, this access can be seen on national, state, and, as assessed in this research, …

The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman

Seattle Journal of Technology, Environmental, & Innovation Law

In 1998, Congress passed the Digital Millennium Copyright Act. This law provided new methods of protecting copyright in online media. These protections shift the normal judicial process that would stop the publication of infringing materials to private actors: the online platforms. As a result, online platforms receive notices of infringement and issue takedowns of allegedly copyrighted works without the judicial process which normally considers the purpose of the original notice of infringement. In at least one case, discussed in detail below, this has resulted in a notice and takedown against an individual for reasons not related to the purpose of …

Extending The Roberts Court’S Affirmation Of Individual Expressive Rights To The First Amendment Claim In Masterpiece Cakeshop, Nancy J. Whitmore

Scholarship and Professional Work - Communication

No abstract provided.

Does The Press Have A Right To Be Wrong?: Fake News, Press Freedom, And Defamation Law In 2021, Nathan T. Danielson

Journalism

The following study analyzes defamation lawsuits filed against Fox News and its on-air personalities by companies that manufactured and maintained voting machines used in the 2020 US presidential election. Smartmatic and Dominion accused Fox in court of broadcasting debunked allegations that the companies had rigged the election against incumbent president (and longtime Fox viewer) Donald Trump. The size of the sought-after damages, and the size of Fox itself, make this the largest “fake news suit” in history. This study explores the merits of the suits, defenses to defamation (particularly opinion, political speech, and retraction) and the potential ramifications of a …

Limited Privacy In “Pings:” Why Law Enforcement’S Use Of Cell-Site Simulators Does Not Categorically Violate The Fourth Amendment, Lara M. Mcmahon

Washington and Lee Law Review

This Note proposes four factors courts should consider when asked to determine whether law enforcement’s use of a cell-site simulator constituted a Fourth Amendment search. The first asks courts to consider whether the cell-site simulator surveillance infringed on a constitutionally protected area, such as the home. The second asks courts to consider the duration of the cell-site simulator surveillance. The third asks courts to consider whether the cell-site simulator surveillance was conducted actively or passively. The fourth asks courts to focus on the nature and depth of the information obtained as a result of the cell-site simulator surveillance. If, after …

Social Checks And Balances: A Private Fairness Doctrine, Michael P. Vandenbergh

Vanderbilt Law Review

This Essay proposes a private standards and certification system to induce media firms to provide more complete and accurate information. It argues that this new private governance system is a viable response to the channelized flow of information that is exacerbating political polarization in the United States. Specifically, this Essay proposes development of a new private fairness doctrine to replace the standard repealed by the Federal Communications Commission in 1987. A broad-based, multi-stakeholder organization could develop and implement this private fairness doctrine, and the certification process could harness market and social pressure to influence the practices of traditional and new …

Privacy In The Digital Age: Is Our Data Safe?, Ezra Wolfson

Cardozo International & Comparative Law Review

The note examines the Cambridge Analytica scandal and its implications for digital privacy, advocating for enhanced regulatory frameworks to protect user data. It draws parallels with the Enron scandal, suggesting that similar legislative responses, such as the proposed Social Media Transparency Act, are necessary to ensure corporate accountability and user protection in the digital age. The note also explores the potential adoption of GDPR-like regulations in the U.S. and discusses the concept of digital data as property, advocating for compensation for data breaches.

Social Checks And Balances: A Private Fairness Doctrine, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

This Essay proposes a private standards and certification system to induce media firms to provide more complete and accurate information. It argues that this new private governance system is a viable response to the channelized flow of information that is exacerbating political polarization in the United States. Specifically, this Essay proposes development of a new private fairness doctrine to replace the standard repealed by the Federal Communications Commission in 1987. A broad-based, multi-stakeholder organization could develop and implement this private fairness doctrine, and the certification process could harness market and social pressure to influence the practices of traditional and new …

Executive Authority And Free Speech: An Analysis On The Restraints Of Presidential Power, Leta Lohrmeyer

UNO Student Research and Creative Activity Fair

This analysis examines the implications of social media platforms in connection to free speech and presidential power. Specifically, this study will be drawing on a precedent legal case, Knight First Amendment Inst. v. Trump (2019) along with other cases that are relevant to this paper. This research is contributing to the literature by exploring the topic of how developing technology is influencing political communication. Results support the idea that the definition of public forum needs to be expanded and updated to include social media. Theoretical consequences for the role of social media in connection to executive authority and First Amendment …

Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein

Student Scholarship

The FCC Fairness Doctrine required that all major broadcasting outlets spend equal time covering both sides of all controversial issues of national importance. The Fairness Doctrine remained the standard for decades before it stopped being enforced during the Reagan administration, and was removed from the Federal Register during the Obama administration. Since the Fairness Doctrine’s disappearance, the perception by conservatives and progressives alike has been that major media outlets display overt biases towards one political affiliation or the other. As it becomes harder to determine real news from “fake news,” Americans’ trust in media is at an all-time low. An …

Inter(Lock)Down: The Need For Stricter Enforcement Of Section 8 Of The Clayton Act, Shafkat Rakib

Cardozo Law Review

No abstract provided.

Promoting Journalism As Method, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

The marketplace of ideas has been a centerpiece of free speech jurisprudence for a century. According to the marketplace theory, the vigorous competition of ideas, free from government interference, is the surest path to truth. As our metaphorical marketplace has moved online, the competition has never been so heated. We should be drowning in truth. Yet, in reality, truth has perhaps never been more elusive.

As we struggle to promote democratic debate and surface truth in our chaotic networked public sphere, we are understandably drawn to familiar frames and tools. These include the source of the marketplace of ideas theory—the …

Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh

Legal Writing Competition Winners

This paper was submitted to the Entertainment Law Initiative(ELI)'s The 22nd Annual Entertainment Law Initiative Writing Competition and was recognized by the Recording Academy by a formal letter for admission.

Privacy, Eavesdropping, And Wiretapping Across The United States: Reasonable Expectation Of Privacy And Judicial Discretion, Carol M. Bast

Catholic University Journal of Law and Technology

One-party consent and all-party consent eavesdropping and wiretapping statutes are two broad pathways for legislation to deal with the problem of secret taping and some states protect conversation under state constitutions. Whether a conversation is protected against being taped as a private conversation is often gauged by the reasonable expectation of privacy standard. Judges in both all-party consent and one-party consent jurisdictions have had to use their leeway under the reasonable expectation of privacy standard to arrive at what at the time seemed to be the most appropriate solution, perhaps in doing so creating a case law exception.

Facial Recognition Technology: Balancing The Benefits And Concerns, Elizabeth Mcclellan

Journal of Business & Technology Law

No abstract provided.

Europejskie Standardy Stosowania Kar Pieniężnych Na Przykładzie Polskiego Prawa Telekomunikacyjnego, Michalina Szpyrka

Monografie CARS/CARS Monographs

W książce szczegółowo przeanalizowana została instytucja kary pieniężnej jako formy sankcji prawnej. Następnie zbadano kary pieniężne uregulowane w polskim prawie telekomunikacyjnym. Wnioski dotyczące funkcji i charakteru ogólnie ujmowanych administracyjnych kar pieniężnych skonfrontowano z regulacją przyjętą na gruncie prawa telekomunikacyjnego. Badaniu poddano także postępowanie w przedmiocie nałożenia kary pieniężnej z PT i postępowanie kontrolne. Po wyjaśnieniu sposobu rozumienia instytucji kary pieniężnej przeanalizowano pojęcie standardu. Przedstawiono także źródła standardów stosowania kar pieniężnych z prawa telekomunikacyjnego, które wywiedziono z relewantnych regulacji unijnych i konwencyjnych. Przeanalizowana została również interakcja tych źródeł z prawem krajowym, w wyniku czego wykazana została potrzeba uwzględnienia w rozważaniach także …

Masthead

UC Law SF Communications and Entertainment Journal

No abstract provided.

Are College Football Players Being Promised Big Nfl Bucks And Being Shortchanged In The Classroom And On The Field?, Melanie Navarro

UC Law SF Communications and Entertainment Journal

Football is America’s pastime. Over one hundred million people tuned in to watch this year’s Super Bowl. Sundays during football season are spent in front of a television rooting for our favorite teams. Football has been an integral part of American culture for over 120 years. But in recent years, football has lost yardage. Information regarding the causal link between head injuries on the football field and degenerative brain diseases has come to light. Thousands of former National Football League (“NFL”) players took part in a highly publicized class-action lawsuit against the league. Players alleged that the NFL knew of …

Enemy Of The People: The Ghost Of The F.C.C. Fairness Doctrine In The Age Of Alternative Facts, Ian Klein

UC Law SF Communications and Entertainment Journal

The FCC Fairness Doctrine required that all major broadcasting outlets spend equal time covering both sides of all controversial issues of national importance. The Fairness Doctrine remained the standard for decades before it stopped being enforced during the Reagan administration, and was removed from the Federal Register during the Obama administration. Since the Fairness Doctrine’s disappearance, the perception by conservatives and progressives alike has been that major media outlets display overt biases towards one political affiliation or the other. As it becomes harder to determine real news from “fake news,” Americans’ trust in media is at an all-time low. An …

The Precarious Position Of The Fourth Estate In Trumptopia: The Role Of Popular Culture And The Law In Protecting Media Freedom, Taylor Simpson-Wood

Faculty Scholarship

No abstract provided.

Online Abuse, Chilling Effects, And Human Rights, Jonathon W. Penney

Articles & Book Chapters

Online harassment, cyberbullying, hate, and other forms of online abuse pose a significant threat to human rights in Canada. Now, the country is at a crossroads: it will face American pressure to adopt a broad immunity model similar to Section 230 of the Communications Decency Act (CDA) or, at long last, take more robust action to address cyberharassment and other online abuse, beyond the piecemeal approach used today. Central to this regulatory debate are concerns and claims about “chilling effects”—that is, the idea that certain regulatory actions may “chill” or deter people from exercising their rights online and in other …

Net Neutrality: An Explainer, Kincaid C. Brown

Law Librarian Scholarship

Net neutrality is the idea that internet services or broadband providers should treat all content streaming through their systems the same, and providers who use their discretion to create “fast lanes,” block particular content, or throttle (slow down) internet speeds are not in keeping with how the internet ought to work.

The Second Amendment's Safe Space, Or The Constitutionlization Of Fragility, Mary Anne Franks

Articles

No abstract provided.

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago

Seattle University Law Review

As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …