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Articles 61 - 90 of 130
Full-Text Articles in First Amendment
Net Neutrality: Preparing For The Future, Jennifer Wong
Net Neutrality: Preparing For The Future, Jennifer Wong
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Emerging Technologies And Dwindling Speech, Jorge Roig
Emerging Technologies And Dwindling Speech, Jorge Roig
Scholarly Works
Inspired in part by the recent holding in Bland v. Roberts that the use of the “Like” feature in Facebook is not covered by the Free Speech Clause, this article makes a brief foray into the approach that courts have taken in the recent past towards questions of First Amendment coverage in the context of emerging technologies. Specifically, this article will take a closer look at how courts have dealt with the issue of functionality in the context of First Amendment coverage of computer source code. The analysis of this and other recent experiences, when put in a larger context, …
The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12
The Digital Accountability And Transparency Act Of 2011 (Data): Using Open Data Principles To Revamp Spending Transparency Legislation, Jillian Raines '12
NYLS Law Review
No abstract provided.
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Durkheim's Internet: Social And Political Theory In Online Society, Ari Ezra Waldman
Articles & Chapters
While the Internet has changed dramatically since the early 1990s, the legal regime governing the right to privacy online and Internet speech is still steeped in a myth of the Internet user, completely hidden from others, in total control of his online experience, and free to come and go as he pleases. This false image of the “virtual self” has also contributed to an ethos of lawlessness, irresponsibility, and radical individuation online, allowing the evisceration of online privacy and the proliferation of hate and harassment.
I argue that the myth of the online anonym is not only false as a …
Smoking Out Big Tobacco: Some Lessons About Academic Freedom, The World Wide Web, Media Conglomeration, And Public Service Pedagogy From The Battle Over The Brown & Williamson Documents, Clay Calvert
Pepperdine Law Review
No abstract provided.
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
The Disappearing Schoolhouse Gate: Applying Tinker In The Internet Age , John T. Ceglia
Pepperdine Law Review
No abstract provided.
Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson
Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson
Pepperdine Law Review
No abstract provided.
Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis
Building Universal Digital Libraries: An Agenda For Copyright Reform, Hannibal Travis
Pepperdine Law Review
This article proposes a series of copyright reforms to pave the way for digital library projects like Project Gutenberg, the Internet Archive, and Google Print, which promise to make much of the world's knowledge easily searchable and accessible from anywhere. Existing law frustrates digital library growth and development by granting overlapping, overbroad, and near-perpetual copyrights in books, art, audiovisual works, and digital content. Digital libraries would benefit from an expanded public domain, revitalized fair use doctrine and originality requirement, rationalized systems for copyright registration and transfer, and a new framework for compensating copyright owners for online infringement without imposing derivative …
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Wiretapping The Internet: The Expansion Of The Communications Assistance To Law Enforcement Act To Extend Government Surveillance, Christa M. Hibbard
Federal Communications Law Journal
Criminal use of the Internet to circumvent traditional government phone wiretaps has inspired the Obama Administration to create a proposal to expand the Communications Assistance to Law Enforcement Act ("CALEA"). CALEA was passed in 1994 to regulate telephone and broadband companies to ensure compliance with standards to enable government wiretapping. The proposed amendment of CALEA would allow the government to require all communications service providers to meet technical standards necessary to comply with a wiretap order. The expansion of CALEA would likely widen its scope to social networking sites, instant messaging, gaming consoles that allow conversation among multiple players, and …
The Future Of Free Expression In A Digital Age, Jack M. Balkin
The Future Of Free Expression In A Digital Age, Jack M. Balkin
Pepperdine Law Review
In the twenty-first century, at the very moment that our economic and social lives are increasingly dominated by information technology and information flows, the judge-made doctrines of the First Amendment seem increasingly irrelevant to the key free speech battles of the future. The most important decisions affecting the future of freedom of speech will not occur in constitutional law; they will be decisions about technological design, legislative and administrative regulations, the formation of new business models, and the collective activities of end-users. Moreover, the values of freedom of expression will become subsumed within a larger set of concerns that I …
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin
Exploring The First Amendment Rights Of Teens In Relationship To Sexting And Censorship, Julia Halloran Mclaughlin
University of Michigan Journal of Law Reform
This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society-capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental …
Decoding First Amendment Coverage Of Computer Source Code In The Age Of Youtube, Facebook And The Arab Spring, Jorge Roig
Scholarly Works
Computer source code is the lifeblood of the Internet. It is also the brick and mortar of cyberspace. As such, it has been argued that the degree of control that a government can wield over code can be a powerful tool for controlling new technologies. With the advent and proliferation in the Internet of social networking media and platforms for the publication and sharing of user-generated content, the ability of individuals across the world to communicate with each other has reached truly revolutionary dimensions. The influence of Facebook in the popular revolutions of the Arab Spring has been well documented. …
Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus
Layshock Ex Rel. Layshock V. Hermitage School District, Matthew Beatus
NYLS Law Review
No abstract provided.
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
All Those Like You: Identity Aggression And Student Speech, Ari Ezra Waldman
Articles & Chapters
Online and face-to-face harassment in schools requires a coordinated response from the school, parents, students, and government. In this Article, I address a particular subset of online and face-to-face harassment, or identity-based harassment. Identity-based aggressors highlight a quality intrinsic to someone’s personhood and demean it, deprive it of value, and use it as a weapon. They attack women, racial minorities, religious minorities, and other traditionally victimized groups. And, as such, they attack not only their particular victims but also their victims’ communities. Identity-based aggressors com- mit a constitutional evil not only because their behavior interferes with victims’ access to education, …
Incitement To Riot In The Age Of Flash Mobs, Margot E. Kaminski
Incitement To Riot In The Age Of Flash Mobs, Margot E. Kaminski
Publications
As people increasingly use social media to organize both protests and robberies, government will try to regulate these calls to action. With an eye to this intensifying dynamic, this Article reviews First Amendment jurisprudence on incitement and applies it to existing statutes on incitement to riot at a common law, state, and federal level. The article suggests that First Amendment jurisprudence has a particularly tortuous relationship with regulating speech directed to crowds. It examines current crowd psychology to suggest which crowd behavior, if any, should as a matter of policy be subject to regulation. It concludes that many existing incitement-to-riot …
Incendiary Speech And Social Media, Lyrissa Barnett Lidsky
Incendiary Speech And Social Media, Lyrissa Barnett Lidsky
UF Law Faculty Publications
Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker, even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …
Protecting Anonymous Expression: The Internet's Role In Washington State's Disclosure Laws And The Direct Democracy Process, Karen Cullinane
Protecting Anonymous Expression: The Internet's Role In Washington State's Disclosure Laws And The Direct Democracy Process, Karen Cullinane
University of Michigan Journal of Law Reform
This Note proposes that the Washington State Legislature amend its Public Records Act to exempt from public disclosure personal information legally required to be disclosed by signers of referendum petitions. This Note also proposes that the Washington State Legislature designate an electronic system, to be detailed in its election law, by which referendum petitions can be checked for fraud without violating the right to anonymous expression protected by the First Amendment. Part I describes Washington State's referendum process and the path of Doe v. Reed, the case animating the reform presented in this Note. Part II illustrates how the rise …
It’S A Mad, Mad Internet: Globalization And The Challenges Presented By Internet Censorship, Jessica E. Bauml
It’S A Mad, Mad Internet: Globalization And The Challenges Presented By Internet Censorship, Jessica E. Bauml
Federal Communications Law Journal
The advent of the Internet has brought tremendous technological advancements and growth to the world. However, it has also become a source of conflict, particularly when different countries attempt to regulate this very ubiquitous and amorphous medium. The most notable controversy has arisen in China home to the world's most advanced system of Internet censorship, which levies harsh penalties on those who violate the country's strict censorship laws. China's "Great Firewall" has raised many eyebrows and is garnishing substantial criticism in response to the human rights abuses that result from the jailing and reported torture of Chinese dissidents. Yet the …
Incendiary Speech And Social Media, Lyrissa Lidsky
Incendiary Speech And Social Media, Lyrissa Lidsky
Faculty Publications
Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An …
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Cleveland State Law Review
This Note argues that the Tinker standard needs to be reevaluated to encompass Internet-related cases both by eliminating the “on-campus” requirement and by further defining what constitutes a “substantial disruption.” The “on-campus” requirement should be eliminated for the following reasons: 1) lower federal courts already disregard this condition for Internet-related cases; 2) it leads students to abuse their First Amendment rights; and 3) this requirement threatens the safety of teachers, students, and other school personnel. Additionally, Tinker's “substantial disruption” prong would be better understood as a factors test. This ensures that schools utilize the same criteria in determining whether a …
Cohen V. Google, Inc., Eirik Cheverud
Pornography As Pollution, John Copeland Nagle
Pornography As Pollution, John Copeland Nagle
Journal Articles
Pornography is often compared to pollution. But little effort has been made to consider what it means to describe pornography as a pollution problem, even as many legal scholars have concluded that the law has failed to control internet pornography. Opponents of pornography maintain passionate convictions about how sexually-explicit materials harm both those who are exposed to them and the broader cultural environment. Viewers of pornography may generally hold less fervent beliefs, but champions of free speech and of a free internet object to anti-pornography regulations with strong convictions of their own. The challenge is how to address the widespread …
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Proving Fair Use: Burden Of Proof As Burden Of Speech, Ned Snow
Faculty Publications
Courts have created a burden of proof in copyright that chills protected speech. The doctrine of fair use purports to ensure that copyright law does not trample rights of speakers whose expression employs copyrighted material. Yet those speakers face a burden of proof that weighs heavily in the fair use analysis, where factual inquiries are often subjective and speculative. Failure to satisfy the burden means severe penalties, which prospect quickly chills the free exercise of speech that constitutes a fair use. The fair-use burden of proof is repugnant to the fair use purpose. Today, copyright holders are exploiting the burden …
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Michigan Telecommunications & Technology Law Review
The Federal Communications Commission (FCC) recently proposed an Internet nondiscrimination rule: "Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner." Among other requests, the FCC sought comment on whether the proposed nondiscrimination rule would "promote free speech, civic participation, and democratic engagement," and whether it would "impose any burdens on access providers' speech that would be cognizable for purposes of the First Amendment." The purpose of this Article is to suggest that a wide range of responses to these First Amendment questions, offered by telecommunications providers …
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Barnett Lidsky
Anonymity In Cyberspace: What Can We Learn From John Doe?, Lyrissa Barnett Lidsky
UF Law Faculty Publications
This Article examines the evolution of the law governing libel suits against anonymous "John Doe" defendants based on Internet speech. Between 1999 and 2009, courts crafted new First Amendment doctrines to protect Internet speakers from having their anonymity automatically stripped away upon the filing of a libel action. Courts also adapted existing First Amendment protections for hyperbole, satire, and other nonfactual speech to protect the distinctive discourse of Internet message boards. Despite these positive developments, the current state of the law is unsatisfactory. Because the scope of protection for anonymous Internet speech varies greatly by jurisdiction, resourceful plaintiffs can make …
The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla
The Life Of The Mind And A Life Of Meaning: Reflections On Fahrenheit 451, Rodney A. Smolla
Michigan Law Review
Fahrenheit 451 still speaks to us, vibrantly and passionately, still haunts and vexes and disturbs. The novel has sold millions of copies, was reset for a fiftieth anniversary printing, and continues to be assigned reading in middle school, high school, and college courses. That power to endure is well worth contemplation, both for what it says about Ray Bradbury's literary imagination, and, more powerfully, for what it teaches us about our recent past, our present, and our own imagined future. First Amendment jurisprudence has taken giant leaps since Fahrenheit 451 was written, and American society has managed to avoid the …
Rationing The Infinite, Leonard M. Niehoff
Rationing The Infinite, Leonard M. Niehoff
Michigan Law Review
This Review raises a number of objections to Baker's arguments and proposals. Furthermore, this Review raises the fundamental question of whether Baker's central operating assumption-that media is a scarce resource that should be fairly distributed-remains timely in light of the far-reaching and fast-paced changes wrought by the internet. Nevertheless, this Review also recognizes that, as with Baker's prior works, Media Concentration and Democracy makes a serious contribution to the discussion of the political, social, and economic dynamics that challenge the existence of a strong and independent media. Media Concentration and Democracy does a better job of raising questions than of …
Cybercrimes Vs. Cyberliberties, Nadine Strossen
Cybercrimes Vs. Cyberliberties, Nadine Strossen
Articles & Chapters
Cybercrimes vs. Cyberliberties, Chapter 8 in Internet Policy and Economics: Challenges and Perspectives 2nd ed. at 110-127 ( W.H. Lehr & L.M. Pupillo, eds. Springer, 2009).
Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant
Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant
San Diego International Law Journal
This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …
The "Scope Of A Student": How To Analyze Student Speech In The Age Of The Internet, Erin Reeves
The "Scope Of A Student": How To Analyze Student Speech In The Age Of The Internet, Erin Reeves
Georgia Law Review
In three seminal cases dating from 1969-1988, the U.S. Supreme Court determined that students have a more limited right to free speech while within the confines of a public school building. In recent years, however, more and more cases have arisenin which it is not so clear whether a student speaker is "on-campus,"due in large part to the rapid increase in speech communicated over the Internet. This Note explores the possibility of how far the "confines of a public school building" should be extended in this age of the Internet. After analyzing the current confusion regarding what amount of restriction …