When The Fourth Estate’S Well Runs Dry,
2018
Brooklyn Law School
When The Fourth Estate’S Well Runs Dry, Megan L. Shaw
Brooklyn Law Review
The press is under fire. Members of the press often face subpoenas or similar court orders, compelling the disclosure of a source’s identity. By issuing media subpoenas, the government has effectively censored the press—the exact type of censorship that the Supreme Court held presumptively unconstitutional over eight decades ago in Near v. Minnesota. Yet the least protected—and most complicated—aspect of the newsgathering process is a reporter’s relationship with her source. For decades, journalists have tried to assert defenses to government compulsions on First Amendment grounds as well as by invoking a “reporter’s privilege,” a testimonial privilege similar to that of …
Section 230’S Liability Shield In The Age Of Online Terrorist,
2018
Brooklyn Law School
Section 230’S Liability Shield In The Age Of Online Terrorist, Jaime M. Freilich
Brooklyn Law Review
In recent years, “home grown” terrorists—individuals inspired to violence after watching terrorist videos online—have been responsible for devastating attacks in the United States and across Europe. Such terrorist propaganda falls outside the realm of the First Amendment’s protection because it has been proven to indoctrinate attackers, thus inciting imminent lawless action. Seizing on this, victims’ families have brought suits alleging that social media platforms, including Twitter, Facebook, and Google, provided material support to terrorists in violation of the Anti-Terrorism Act (ATA). The Communications Decency Act (CDA), however, has served as an impenetrable shield against these claims, protecting social media companies …
Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps,
2018
Campbell University School of Law
Reading, 'Riting, And Regulating Speech: Why Schools Can't Punish Off-Campus Speech And How The North Carolina Legislature Has Tried To Fill The Gaps, Hannah Wallace
Campbell Law Review
The intersection between school discipline and free speech has sparked debates over how far a school's authority extends beyond campus. The internet and the nationwide conversation about cyberbullying have only magnified the debate. In Tinker v. Des Moines, the Supreme Court recognized that students do retain their First Amendment rights while under the school's authority. The Court then went on to hold that a school can punish a student for his or her on-campus speech if the speech causes a substantial or material disruption to school activities or if the speech invades the rights of another student. Whether this test …
Group Defamation, Power, And A New Test For Determining Plaintiff Eligibility,
2018
Fordham University School of Law
Group Defamation, Power, And A New Test For Determining Plaintiff Eligibility, Jeffrey Greenwood
Fordham Intellectual Property, Media and Entertainment Law Journal
In the fall of 2014, Rolling Stone Magazine published an article describing the rape of a woman at a University of Virginia fraternity house. The story turned out to be false, and members of the fraternity sued for defamation. The suit raises an interesting question: under what circumstances may anonymous individual members of the fraternity recover? This Note describes the case, related common and constitutional law, as well as differences in group defamation doctrine across jurisdictions. After detailing problems with the existing paradigm, the Note proposes a new method for performing the analysis.
Fearless Speech,
2018
University of Miami School of Law
Fearless Speech, Mary Anne Franks
Articles
The American conception of free speech is primarily defined as the freedom to say whatever one wants, with little regard for the quality, context, or impact of the speech. Thus, American free speech doctrine is often characterized as neutral with regard to the speaker and the content of speech; in practice, however, it consistently privileges powerful over vulnerable speakers and harmful over critical speech.
From Philadelphia to Skokie to Charlottesville, the First Amendment has been interpreted to protect speech by white men that silences and endangers women and minorities. As free speech doctrine and practice become increasingly concerned with private …
Real "Fake News" And Fake "Fake News",
2018
University of Miami School of Law
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline,
2018
Washington University
Religious Exemptions, Harm To Others, And The Indeterminacy Of A Common Law Baseline, Elizabeth Sepper
Kentucky Law Journal
No abstract provided.
Lies, Line Drawing, And (Deep) Fake News,
2018
University of Oklahoma College of Law
Lies, Line Drawing, And (Deep) Fake News, Marc Jonathan Blitz
Oklahoma Law Review
No abstract provided.
Legislating Against Lying In Campaigns And Elections,
2018
University of Oklahoma College of Law
Legislating Against Lying In Campaigns And Elections, Joshua S. Sellers
Oklahoma Law Review
No abstract provided.
The Right To Receive Foreign Speech,
2018
University of Oklahoma College of Law
The Right To Receive Foreign Speech, Joseph Thai
Oklahoma Law Review
No abstract provided.
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter,
2018
UDC School of Law
Student Protests And Academic Freedom In An Age Of #Blacklivesmatter, Philip Lee
Journal Articles
Student activism for racial equity and inclusion is on a historic rise on college and university campuses across the country. Students are reminding us that Black lives matter. They are bringing attention to the ways in which the normal operation of the legal system creates racial and other inequalities. They are critiquing the ways in which their experiences and perspectives are pushed to the margins in classrooms, on campuses, and in society.
In urging for university policies that allow for such activism to be moments of teaching and learning for all involved, I argue in this Article that student academic …
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018),
2018
John Marshall Law School
No More Tiers? Proportionality As An Alternative To Multiple Levels Of Scrutiny In Individual Rights Cases, 38 Pace L. Rev. 384 (2018), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
No abstract provided.
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018),
2018
John Marshall Law School
Are Two Clauses Really Better Than One? Rethinking The Religion Clause(S), 80 U. Pitt. L. Rev. 1 (2018), Donald L. Beschle
UIC Law Open Access Faculty Scholarship
The First Amendment begins with two references to the relationship between government and religion. The prohibition on establishment of religion and the guarantee of free exercise of religion, despite their obvious interaction, are generally regarded as separate clauses, and analyzed under tests developed under one or the other. The current state of Establishment Clause doctrine and Free Exercise doctrine is sharply contested and by no means clear. Supreme Court justices will usually classify a religious freedom case as either presenting non-establishment or free exercise issues. Having done so, they will apply the test framed for that clause. But does that …
An Introductory Essay: Old Principles For An (Allegedly) Brave New World,
2018
University of Oklahoma College of Law
An Introductory Essay: Old Principles For An (Allegedly) Brave New World, Harry F. Tepker
Faculty Articles
No abstract provided.
The Future Of Freedom Of Expression Online,
2018
University of Oklahoma College of Law
The Future Of Freedom Of Expression Online, Evelyn Aswad
Faculty Articles
Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align their …
Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized,
2018
Syracuse University College of Law
Say What You Want: How Unfettered Freedom Of Speech On The Internet Creates No Recourse For Those Victimized, Wes Gerrie
Catholic University Journal of Law and Technology
In today’s society, virtually everyone relies on online posts in order to make decisions—from what products to purchase to what restaurants to visit. The introduction and increase of online communication has made posting reviews online a simpler, easier, and more efficient process. However, the increase of online communication has threatened the delicate balance between free speech and harmful speech.
A tangled web of recent case law and federal law exists which aggressively protects the free speech of online reviewers. The law has carved out immunity for the website operators that host an online reviewer’s comments, which in turn makes an …
Masthead,
2018
The Catholic University of America, Columbus School of Law
Deepfake Videos: When Seeing Isn't Believing,
2018
Arkansas State University - Main Campus
Deepfake Videos: When Seeing Isn't Believing, Holly Kathleen Hall
Catholic University Journal of Law and Technology
Videos, known as deepfakes, use readily available software to create a work that shows people saying and doing things they may never have uttered or engaged in. The technology making the videos appear very authentic is advancing at such a rate that people may not be able to detect if the videos are fact or fiction. Given the hasty acceptance of other forms of fake news in society, deepfake videos have the ability to affect the nature of information the public receives about candidates and policies. This study examines the potential use of deepfake videos in the democratic process, analyzes …
Religious Liberty Versus Rights Of Others,
2018
Texas Tech University
Religious Liberty Versus Rights Of Others, Arnold H. Loewy
Kentucky Law Journal
No abstract provided.
The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion,
2018
Washington and Lee University School of Law
The Off-Label Use Of Pom Wonderful: Using Section 43(A) To Eliminate Misleading Off-Label Drug Promotion, Christopher A. Hurley
Washington and Lee Law Review
No abstract provided.
