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Articles 1 - 30 of 120
Full-Text Articles in First Amendment
Seeing Is Believing? Deepfakes In Financial Markets, Hadar Y. Jabotinsky, Michal Lavi
Seeing Is Believing? Deepfakes In Financial Markets, Hadar Y. Jabotinsky, Michal Lavi
Cardozo Arts & Entertainment Law Journal
An AI-powered tool recently mimicked Warren Buffett's image and voice so convincingly that even his own family could have been deceived. This striking example highlights the transformative potential of voice cloning and deepfakes. This innovative technology leverages artificial intelligence (AI) to create hyper-realistic audio and video content. By blurring the boundaries between authenticity and synthetic creation, deepfakes make it possible to fabricate moments that never occurred. Recent advancements in AI and user-friendly software have made deepfakes more accessible andfurther contributed to the proliferation of deepfakes, enabling even individuals with minimal technical skills to produce compelling deepfakes at little to no …
Youtube Journalists And The Future Of The Fourth Estate: The Fine Line Between Journalism And Entertainment, Stephan Toljan
Youtube Journalists And The Future Of The Fourth Estate: The Fine Line Between Journalism And Entertainment, Stephan Toljan
Cardozo Arts & Entertainment Law Journal
The note argues that the legal distinction between professional journalists and social media actors has blurred due to the universal accessibility of public digital platforms. It proposes eliminating the requirement of institutional affiliation for the reporter's privilege, suggesting instead that any individual who satisfies the Von Bulow factors regarding the intent to disseminate information to the public should be eligible for the privilege.
The Doors Of Janus: A Critical Analysis Of The Socio-Technical Forces Eroding Trust In The Rule Of Law, Anuj Puri, Esther Keymolen
The Doors Of Janus: A Critical Analysis Of The Socio-Technical Forces Eroding Trust In The Rule Of Law, Anuj Puri, Esther Keymolen
Cardozo Arts & Entertainment Law Journal
The Rule of Law is neither just a principle nor solely the institutions that embody that principle, a critical aspect of the Rule of Law is its grounding in trust which often gets neglected in the surrounding discourse. When the citizens' trust in the Rule of Law weakens, the Rule of Law becomes fragile. In this article we examine the impact of emerging technologies on the citizens' trust in the Rule of Law. Our analysis is specifcally focused on the effect of systemic disinformation which is likely to worsen with the advent of Generative AI, algorithmic misgovernance, and the digitalization …
Jack Daniel's And The Unfulfilled Promise Of Trademark Use, Stacey Dogan, Jessica Silbey
Jack Daniel's And The Unfulfilled Promise Of Trademark Use, Stacey Dogan, Jessica Silbey
Cardozo Arts & Entertainment Law Journal
The article examines the Supreme Court's decision in Jack Daniel's v. VIP Products and its implications for the use of trademarks in artistic and expressive works. The Court's ruling established a "trademark use" doctrine, distinguishing between uses of trademarks as a designation of source for goods and non-trademark, expressive uses. While the decision does not overturn the Rogers v. Grimaldi test, it creates uncertainty in applying Rogers to expressive works, leading to inconsistent lower court decisions and threatening First Amendment protections for creative uses of trademarks.
Keynote Address: Adjudicating Art, Amy Adler
Keynote Address: Adjudicating Art, Amy Adler
Cardozo Arts & Entertainment Law Journal
The keynote address critiques the Supreme Court's decision in Andy Warhol Foundation v. Goldsmith for its flawed approach to interpreting the meaning of art in copyright law, particularly in the context of fair use. It argues that courts are ill-equipped to determine the meaning of art, as art often resists reduction to discrete messages or meanings. The Court's reliance on visual analysis and its failure to provide clear guidance on how to assess meaning exacerbate these problems, leading to confusion in lower courts and potentially stifling artistic expression.
Satire And Actual Malice: Expanding The Reasonable Reader Analysis For The Modem Era, Cory Crystal
Satire And Actual Malice: Expanding The Reasonable Reader Analysis For The Modem Era, Cory Crystal
Cardozo Arts & Entertainment Law Journal
No abstract provided.
What Happens When The Conflicts Of Interest Board Does Not Prevent Conflicts? Examining New York City Charter Chapter 68, Abigail Damsky
What Happens When The Conflicts Of Interest Board Does Not Prevent Conflicts? Examining New York City Charter Chapter 68, Abigail Damsky
Cardozo Arts & Entertainment Law Journal
The note critiques the New York Board's advisory opinion on elected officials' use of personal social media accounts, arguing that it contravenes Chapter 68 and Board Rule Section 113 by allowing the use of city resources for political gain, undermining government integrity, and creating transparency issues under the Freedom of Information Law (FOIL). The analysis advocates for revising the advisory opinion to align with existing ethical standards and ensure accountability.
Panel 1: Copyright Law, Michael W. Carroll, Peter Karol, Christopher Sprigman, Jacob Noti-Victor
Panel 1: Copyright Law, Michael W. Carroll, Peter Karol, Christopher Sprigman, Jacob Noti-Victor
Cardozo Arts & Entertainment Law Journal
The Warhol v. Goldsmith case has reshaped the interpretation of fair use in copyright law, emphasizing market competition and the commercial purpose of the use. The Supreme Court's decision focused on the commercial licensing of Warhol's work, highlighting the importance of assessing whether the use competes with the original work's market. This shift could influence future cases, particularly in technology and art, by potentially altering how transformative use and market competition are evaluated.
Panel 2: Trademark Law, Stacey Dogan, Christine Haight Farley, Jessica Silbey, Rebecca Tushnet, Felix Wu
Panel 2: Trademark Law, Stacey Dogan, Christine Haight Farley, Jessica Silbey, Rebecca Tushnet, Felix Wu
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Why Courts Should Not Interpret The Meaning Of Art, Amy Adler
Why Courts Should Not Interpret The Meaning Of Art, Amy Adler
Cardozo Arts & Entertainment Law Journal
The article argues that courts are ill-equipped to interpret the meaning of art, particularly in fair use cases, as seen in the Supreme Court's decision in Warhol Foundation v. Goldsmith. The Court's reliance on determining the meaning of art exacerbates confusion and inconsistency in fair use jurisprudence, highlighting the need for alternative approaches that avoid judicial interpretation of artistic meaning.
Trademark Fair Use Is No Joke, Christine Haight Farley
Trademark Fair Use Is No Joke, Christine Haight Farley
Cardozo Arts & Entertainment Law Journal
The article critiques the Supreme Court's decision in Jack Daniel's Properties v. VIP Products, arguing that the Court missed an opportunity to clarify the relationship between trademark law and the First Amendment. While the Court acknowledged the importance of protecting parodies, it failed to develop a comprehensive framework for balancing trademark rights with free speech. Instead, it introduced a narrow rule that limits the application of the Rogers test, potentially undermining speech protections in trademark disputes. The article contends that the Court's reliance on the likelihood of confusion test is insufficient to address the broader First Amendment implications of …
Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate, Caitlin Muraca
Combating False Election Information In A Section 230 Protected World: To Moderate Or Not To Moderate, Caitlin Muraca
Cardozo Arts & Entertainment Law Journal
The note examines the challenges of combating false election information on social media platforms, focusing on the role of Section 230 of the Communications Decency Act. It argues that while Section 230 is crucial for protecting online speech, its current form is inadequate in addressing the spread of misinformation in the modern digital landscape. The note evaluates various proposals for reform, including the repeal or modification of Section 230, and suggests a balanced approach that maintains its protections while incentivizing improved content moderation to combat false election information.
Panel 2: Modern Trends And Internet Speech, Enrique Armijo, Paul M. Barrett, Michael A. Cheah, Zahra Takhshid, Felix Wu
Panel 2: Modern Trends And Internet Speech, Enrique Armijo, Paul M. Barrett, Michael A. Cheah, Zahra Takhshid, Felix Wu
Cardozo Arts & Entertainment Law Journal
The article explores the complexities and future of Section 230, focusing on its role in protecting online platforms from liability for user-generated content. Panelists argue that Section 230 is an immunity, not a subsidy, and discuss its implications for content moderation, new technologies, and regulatory oversight. They propose various reforms, including FTC regulation and clarifying Section 230's scope for emerging harms.
Section 230 And The Right To Remove Vaccine Misinformation, Michael A. Cheah
Section 230 And The Right To Remove Vaccine Misinformation, Michael A. Cheah
Cardozo Arts & Entertainment Law Journal
Recognizing its clear propensity to cause serious public harm, many online platforms have restricted vaccine misinformation. This essay argues that these platforms are protected from liability when they remove such content under Section 230 of the Communications Decency Act. The essay conducts a textual and policy-based analysis of the "publisher" immunity conferred by Section 230(c) (1) and the immunity for restricting objectionable materials under Section 230(c)(2) and concludes that both protect the removal of vaccine misinformation. The essay further argues that repealing Section 230 will not encourage platforms to combat vaccine misinformation as some policymakers have suggested. That is because …
Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert
Five Reflections From Five Years Of Fosta/Sesta, Kendra Albert
Cardozo Arts & Entertainment Law Journal
The article critically examines the impact of the Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA), arguing that these laws have disproportionately harmed sex workers by leading to widespread deplatforming and increased criminalization. While FOSTA/SESTA aimed to combat sex trafficking, the author contends that the legislation conflated sex work with trafficking, resulting in the shutdown of harm reduction platforms and exacerbating risks for sex workers. The article emphasizes the need to center the voices of marginalized communities in policy-making and advocates for decriminalization as a more effective approach to preventing exploitation.
#Freebritney: The Importance Of Public Access To The Guardianship System, Cecily D'Amore
#Freebritney: The Importance Of Public Access To The Guardianship System, Cecily D'Amore
Cardozo Arts & Entertainment Law Journal
The note examines the systemic issues in the U.S. guardianship system, highlighted by Britney Spears' highly publicized conservatorship case, and advocates for increased transparency and accountability. It argues that while guardianship laws are designed to protect vulnerable individuals, cases like Spears' reveal gaps in oversight, inconsistent public access to records, and the need for less restrictive alternatives. The note proposes reforms, including enhanced public access to guardianship case information and the creation of a centralized database, to address these shortcomings and prevent abuse.
Examining The Fourth Amendment And Biometric Data Privacy Law Implications Of Ncaa Athletes' Mandated Use Of Athlete Biometric Data Tracking Devices, Alicia Jessop
Cardozo Arts & Entertainment Law Journal
This Article presents the first in-depth analysis of the privacy law implications, under both the Fourth Amendment to the United States Constitution and individual states' biometric data privacy laws, resulting from National Collegiate Athletic Association (NCAA) member institutions mandating that athletes wear athlete biometric data (ABD) tracking devices. The Article provides the NCAA' and its member institutions, athletes, and Congress with recommendations of how to respond to the privacy law concerns that exist in a period of expanded ABD collection, use, and storage. Part I discusses the growing practice of athletics departments requiring intercollegiate athletes to wear ABD tracking devices. …
Section 230: The Internet's Most Important And Most Misunderstood Law Is Unfairly Under Attack, Málfríður A. Helgadóttir
Section 230: The Internet's Most Important And Most Misunderstood Law Is Unfairly Under Attack, Málfríður A. Helgadóttir
Cardozo Arts & Entertainment Law Journal
Section 230 of the Communications Decency Act, a foundational law enabling the modern internet, is under threat despite its critical role in protecting online platforms from liability for user-generated content. The article argues that Section 230 is essential for promoting free speech and innovation, as its repeal would force platforms to censor content to avoid liability, fundamentally altering the internet. Critics often misunderstand the law, and bipartisan attacks jeopardize its future, risking the unravelling of the internet as we know it.
Enhancing The Ftc's Consumer Protection Authority To Regulate Social Media Companies, Paul M. Barrett, Lily Warnke
Enhancing The Ftc's Consumer Protection Authority To Regulate Social Media Companies, Paul M. Barrett, Lily Warnke
Cardozo Arts & Entertainment Law Journal
The article argues that Congress should enhance the Federal Trade Commission's (FTC) consumer protection authority to regulate social media companies, focusing on procedural oversight rather than substantive content moderation. It proposes that the FTC ensure social media platforms maintain adequate content moderation systems, disclose algorithmic practices, and comply with transparency requirements, all while respecting First Amendment protections. The authors advocate for legislative reforms to clarify the FTC's role in addressing harmful content and to amend Section 230 of the Communications Decency Act to limit liability protections for certain harmful activities.
Keynote Address, Jessica Litman
Keynote Address, Jessica Litman
Cardozo Arts & Entertainment Law Journal
The article explores the significant yet underappreciated role of Edward S. Rogers in shaping U.S. trademark law, particularly through his drafting of the Lanham Act. It argues that Rogers' deep involvement in the law's creation embedded a use-based, common law foundation that has proven durable but increasingly problematic in modern commerce. Despite Rogers' later evolution in thinking, his early drafting choices, influenced by historical legal frameworks, continue to shape the statute's quirks and limitations.
Constitutive Choices: Section 230 And First Amendment Values Versus Fosta And President Trump's Executive Order, Scott Memmel, Christopher Terry
Constitutive Choices: Section 230 And First Amendment Values Versus Fosta And President Trump's Executive Order, Scott Memmel, Christopher Terry
Cardozo Arts & Entertainment Law Journal
In 2018, the Allow States and Victims to Fight Online Sex Trafficking Act (FOSTA) produced the first category of speech not provided immunity by Section 230 of the Communications Decency Act. This first cut against Section 230 was followed by President Donald Trump's May 2020 executive order aimed at limiting the legal protections for social media companies. Both of these actions represent a new battle over old ideas about protecting expression. This Article uses Paul Starr's "Constitutive Choices" model to suggest that Section 230 represents a legacy of laws and regulations designed to foster free speech and access to information. …
An Estate Plan For Kanye West, Thomas E. Simmons
An Estate Plan For Kanye West, Thomas E. Simmons
Cardozo Arts & Entertainment Law Journal
One inventory item in megastar Kanye West's vast portfolio of assets merits a unique sort of care and safeguarding his right ofpublicity. The right ofpublicity is a property interest which represents the commercial value of a celebrity's name, image, and likeness. In some states, including California, the right survives the celebrity's death and is freely alienable and devisable. A protective arrangement, such as a trust, is often pursued to impose postmortem use and transferability restrictions on property that has particular importance to the testator. This Article proposes a noncharitable purpose trust as a means by which Kanye West's right of …
Media In Flux: Does Consolidation Promote The Public Interest?, Simone A. Dvoskin
Media In Flux: Does Consolidation Promote The Public Interest?, Simone A. Dvoskin
Cardozo Arts & Entertainment Law Journal
The note examines the transformative impact of digital platforms on traditional media and the legal challenges arising from this shift, advocating for updated regulations to ensure accessibility, fairness, and public interest. It argues that the rapid evolution of technology has outpaced regulatory frameworks, necessitating reforms to address media consolidation, accessibility for individuals with disabilities, and the role of the FCC in overseeing new media platforms.
Scrolling, Trolling, And Uploading: Youtube's Impact On Modern Public Discourse, Internet Regulation, And Free Speech, Brett Gossett
Scrolling, Trolling, And Uploading: Youtube's Impact On Modern Public Discourse, Internet Regulation, And Free Speech, Brett Gossett
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Copyright Infringement Standards As They Relate To Appropriation Artists, Kimberly Pallen
Copyright Infringement Standards As They Relate To Appropriation Artists, Kimberly Pallen
Cardozo Arts & Entertainment Law Journal
The article examines the application of the "total concept and feel" test established in Roth Greeting Cards v. United Card Co. to determine copyright infringement, particularly in cases involving appropriation artists like Jeff Koons and Richard Prince. It argues that while this test is effective for analyzing substantial similarity in visual arts, it faces limitations when applied to appropriation art, where the original work's mood or feel is not significantly altered. The article highlights the subjective nature of the test and its reliance on visual comparison, which may not adequately address the transformative aspects of appropriation art.
Did Five Supreme Court Justices Go "Completely Bonkers"?: Saul Goodman, Legal Advertising, And The First Amendment Since Bates V. State Bar Of Arizona, Eric T. Kasper, Troy A. Kozma
Did Five Supreme Court Justices Go "Completely Bonkers"?: Saul Goodman, Legal Advertising, And The First Amendment Since Bates V. State Bar Of Arizona, Eric T. Kasper, Troy A. Kozma
Cardozo Arts & Entertainment Law Journal
In Bates v. State Bar of Arizona (1977), the U.S. Supreme Court held for the first time that the First and Fourteenth Amendments' protection of the freedom of speech extends to truthful advertising of attorneys' services. The ruling set aside decades of ethics rules that had prohibited lawyers from engaging in this type of marketing that bar associations had deemed predatory and beneath the stature of the profession. Saul Goodman from Breaking Bad and Better Call Saul is a pop culture representation of what legal advertising has become, both reflecting and shaping public perception of legal commercial publicity. But are …
Bad Actors And The Communications Decency Act Of 1996: Lessons Learned From Our Nation's Battle With Online Human Trafficking, Peter Polack
Bad Actors And The Communications Decency Act Of 1996: Lessons Learned From Our Nation's Battle With Online Human Trafficking, Peter Polack
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta
Cyberbullying: Are You Protected? An Analysis And Guide To Effective And Constitutional Cyberbullying Protections, Mendel Forta
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Shared Value Over Fair Use: Technology, Added Value, And The Reinvention Of Copyright, Amy Whitaker
Shared Value Over Fair Use: Technology, Added Value, And The Reinvention Of Copyright, Amy Whitaker
Cardozo Arts & Entertainment Law Journal
The protection of fair use in the arts has become an inflexible binary. Either artist Shepard Fairey has permission to use the Associated Press photograph of Barack Obama to create the Hope Poster, or he has stolen the image in violation of copyright. This legal framework is rigid, inaccurate, and creatively unsafe. Yet it is the interpretation, not the doctrine itself, that needs shifting. The copyright statute already includes an overlooked "value" test that can more accurately reflect collaboration and sampling in the digital age. And yet instead, some scholars have responded to digital copying by suggesting we throw out …
Changes In The Children's Television Marketplace, The Children's Television Act, And The First Amendment, Joel Timmer
Changes In The Children's Television Marketplace, The Children's Television Act, And The First Amendment, Joel Timmer
Cardozo Arts & Entertainment Law Journal
Since the passage of the Children's Television Act of 1990, broadcast television stations have been required to provide educational programming for children as a condition for license renewal. Since 1996, broadcasters can fulfill this obligation by providing three hours of such programming according to the Federal Communications Commission's (FCC) guidelines. These requirements were later extended to broadcasters' multicast channels. With more children's programming available today than ever before from a wide variety of sources, and with changes in the ways children consume programming, the FCC has proposed to revise its rules to reflect these changes. This Article considers the constitutionality …