Deepfakes: A New Content Category For A Digital Age,
2021
William & Mary Law School
Deepfakes: A New Content Category For A Digital Age, Anna Pesetski
William & Mary Bill of Rights Journal
Technology has advanced rapidly in recent years, greatly benefitting society. One such benefit is people’s ability to have quick and easy access to information through news and social media. A recent concern, however, is that manipulated media, otherwise known as “deepfakes,” are being released and passed off as truth. These videos are crafted with technology that allows the creator to carefully change details of the video’s subject to make him appear to do or say things that he never did. Deepfakes are often depictions of political candidates or leaders and have the potential to influence voter choice, thereby altering the …
The Pure-Hearted Abrams Case,
2021
William & Mary Law School
The Pure-Hearted Abrams Case, Andres Yoder
William & Mary Bill of Rights Journal
One hundred years ago, Justice Oliver Wendell Holmes changed his mind about the right to free speech and wound up splitting the history of free speech law into two. In his dissent in Abrams v. United States, he called for the end of the old order—in which courts often ignored or rejected free speech claims—and set the stage for the current order—in which the right to free speech is of central constitutional importance. However, a century on, scholars have been unable to identify a specific reason for Holmes’s Abrams transformation, and have instead pointed to more diffuse influences. By …
Why Liberalism Persists: The Neglected Life Of The Law In The Story Of Liberalism's Decline,
2021
St. John's University School of Law
Why Liberalism Persists: The Neglected Life Of The Law In The Story Of Liberalism's Decline, Kenneth L. Townsend
St. John's Law Review
(Excerpt)
Liberalism is in decline in the West. Past political divides that pitted classically liberal conservatives against moderate to progressive political liberals are giving way to a new landscape in which a liberal consensus simply cannot be assumed. From the left, socialist and identity-based critiques of liberalism have called into question core liberal assumptions regarding procedural justice, the division between public and private realms, and the rights of individuals. From the right, an increasingly vocal group of conservatives is questioning classical liberalism’s commitment to limited government, a free market, and individual rights in favor of a vision of political community …
Let’S Go To The Beach: Gender Segregation As A Tool To Accommodate Religious Minorities,
2021
Chicago-Kent College of Law
Let’S Go To The Beach: Gender Segregation As A Tool To Accommodate Religious Minorities, Sarah Gibbons
Chicago-Kent Law Review
No abstract provided.
Unmuted: Solutions To Safeguard Constitutional Rights In Virtual Courtrooms And How Technology Can Expand Access To Quality Counsel And Transparency In The Criminal Justice System,
2021
Villanova University Charles Widger School of Law
Unmuted: Solutions To Safeguard Constitutional Rights In Virtual Courtrooms And How Technology Can Expand Access To Quality Counsel And Transparency In The Criminal Justice System, Matthew Bender
Villanova Law Review (1956 - )
No abstract provided.
Unfriending Tinker : The Third Circuit Holds Schools Cannot Regulate Off-Campus Social Media Speech,
2021
Villanova University Charles Widger School of Law
Unfriending Tinker : The Third Circuit Holds Schools Cannot Regulate Off-Campus Social Media Speech, Amanda N. Harding
Villanova Law Review (1956 - )
No abstract provided.
Brief Of Amicus Curiae Professors Elizabeth A. Clark, Robert F. Cochran, Jr., Carl H. Esbeck, David F. Forte, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, And David A., Skeel, Supporting Petitioners,
2021
Cleveland-Marshall College of Law, Cleveland State University
Brief Of Amicus Curiae Professors Elizabeth A. Clark, Robert F. Cochran, Jr., Carl H. Esbeck, David F. Forte, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, And David A., Skeel, Supporting Petitioners, David Forte, Elizabeth A. Clark, Robert F. Cochran Jr., Carl H. Esbeck, Richard W. Garnett, Christopher C. Lund, Michael W. Mcconnell, Michael P. Moreland, Robert J. Pushaw, David A. Skeel
Law Faculty Briefs and Court Documents
The case concerns the "church autonomy doctrine" based on the Free Exercise Clause of the First Amendment, which declares that courts may not inquire into matters of church government or into disputes of faith and doctrine. Will McRaney was fired from a leadership position in the Southern Baptist Convention because of a conflict over policies relating to the expansion of the Baptist faith. He sued the Southern Baptist Convention in tort.
The district court dismissed the suit on the grounds of the church autonomy doctrine. The Fifth Circuit reversed the district court's dismissal as "premature," asserting that there were possible …
Corruption In Capsules: How It Is Legal For Companies To Put Harmful Ingredients In Vitamins And Dietary Supplements,
2021
Kutztown University of Pennsylvania
Corruption In Capsules: How It Is Legal For Companies To Put Harmful Ingredients In Vitamins And Dietary Supplements, Emily Leggiero
English Department: Research for Change - Wicked Problems in Our World
The vitamin and supplement industry has increased exponentially in profits as well as potential products on the market since the turn of the century. However, these products are not regulated, nor do they undergo any premarket clinical research or testing. Public health is compromised by vitamins and supplements that are available for American consumption that is disproportionately unregulated to their chemically similar counterparts. This wicked problem is facilitated through the combination of historical legislative definitions that has since been distorted for corrupt administrative gain through the allotment of corporate expenditures. Company disbursements are made to the same policymakers that create …
The Right To An Artificial Reality? Freedom Of Thought And The Fiction Of Philip K. Dick,
2021
Oklahoma City University
The Right To An Artificial Reality? Freedom Of Thought And The Fiction Of Philip K. Dick, Marc Jonathan Blitz
Michigan Technology Law Review
In Anarchy, State, and Utopia, the philosopher Robert Nozick describes what he calls an “Experience Machine.” In essence, it produces a form of virtual reality (VR). People can use it to immerse themselves in a custom-designed dream: They have the experience of climbing a mountain, reading a book, or conversing with a friend when they are actually lying isolated in a tank with electrodes feeding perceptions into their brain. Nozick describes the Experience Machine as part of a philosophical thought experiment—one designed to show that a valuable life consists of more than mental states, like those we receive in …
The Power Of Public Concern And First Amendment Values: Insulating Speech In Sports And Entertainment From Tort Liability For Others' Actions,
2021
University of Florida Levin College of Law
The Power Of Public Concern And First Amendment Values: Insulating Speech In Sports And Entertainment From Tort Liability For Others' Actions, Clay Calvert
UF Law Faculty Publications
When should First Amendment interests in free expression shield speakers from civil liability for harm to others caused by third parties who allegedly followed or otherwise were inspired by the speakers' words? Two recent federal court opinions - Higgins v. Kentucky Sports Radio, LLC involving post-game coverage by sports commentators about a college basketball referee, and Stricklin v. Stefani pivoting on a singer's words to her concert audience - illustrate similar yet distinct methodologies for analyzing this important question. The speech of the commentators in Higgins allegedly "incited the harassment" by listeners and readers of referee John Higgins and his …
Nebraska Press Association V. Stuart: A Synopsis And Archive For A First Amendment Landmark,
2021
University of Nebraska - Lincoln
Nebraska Press Association V. Stuart: A Synopsis And Archive For A First Amendment Landmark, Sydney Brun-Ozuna
Honors Program: Senior Projects (Public)
This project explores in depth the background, arguments, precedents, and impact of the First Amendment Supreme Court case, Nebraska Press Association v. Stuart. This project utilizes newspaper coverage of the trial that informed the case and the case’s journey to the United States Supreme Court, as well as files obtained from the chambers of multiple former U.S. Supreme Court justices, publicly available oral arguments made before the court, and the ultimate decision from the Supreme Court, to create a holistic image of this case. Given the importance of this case in securing the right of the press to report on …
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online,
2021
St. Mary's University School of Law
The Bumble Bill: A Critical Analysis On Texas’S New Law Taking Indecent Exposure Regulations Online, Ashley B. Huron
St. Mary's Law Journal
Abstract forthcoming.
Here Stood My Dreaming Tree: A Proposal To Reform Non-Lpr Cancellation Of Removal To Bring Undocumented Immigrants Out Of The Shadows,
2021
Benjamin N. Cardozo School of Law
Here Stood My Dreaming Tree: A Proposal To Reform Non-Lpr Cancellation Of Removal To Bring Undocumented Immigrants Out Of The Shadows, Andrea Barrientos
Cardozo Journal of Equal Rights & Social Justice
The note advocates for expanding nonLPR (non-Lawful Permanent Resident) cancellation of removal as a pathway to lawful status for undocumented immigrants. It critiques the current system’s restrictive eligibility criteria, annual caps, and high hardship standards, arguing that these limitations exclude many deserving applicants. The proposed reforms aim to eliminate the 4,000-person cap, convert the relief into an affirmative process, and lower the hardship standard to align immigration policy with U.S. values of fairness and inclusion. By doing so, the reforms would stabilize families, reduce marginalization, and bring undocumented immigrants out of the shadows.
The Supreme Court's Worst Decision In Recent Years--Garcetti V. Ceballos, The Dred Scott Decision For Public Employees,
2021
Belmont University College of Law
The Supreme Court's Worst Decision In Recent Years--Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
Law Faculty Scholarship
The United States Supreme Court decision of Garcetti v. Ceballos deserves its rightful place in the Court’s hall of shame. In Garcetti, the Court issued a decision that serves as a Dred Scott-type ruling for public employees, diminishing their free speech rights to an unacceptable level. The Court created a categorical rule that public employees have no free speech rights when engaged in official, job-related speech.
Under Garcetti, it does not matter how valuable an employee’s speech is, how much corruption that speech exposes, or whether the speech informs the public regarding an important issue. Instead, the five-justice majority focused …
Digital Gatekeepers,
2021
University of Georgia School of Law
Digital Gatekeepers, Thomas E. Kadri
Articles
If in William Blackstone's time we might have thought of a person's home as their castle, in Mark Zuckerberg's time we might say that their website is too. Under cyber-trespass laws like the Computer Fraud and Abuse Act, courts have treated online platforms as digital gatekeepers--as property owners that may permit and restrict access to websites much like landowners may do with private land in the real world. If platforms withhold their consent through words or inference, cyber-trespass laws let them enforce their preferences about who may access their services and gather information from the internet. Concerned about reputations and …
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech,
2021
Brigham Young University Law School
Safety Net Or Trap? A Policy-Oriented Analysis Of The Public Sex Offender Registry As Compelled Speech, Ann Weigly Deam
Brigham Young University Journal of Public Law
No abstract provided.
Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims,
2021
Pepperdine University
Protecting The First Amendment Rights Of Video Games From Lanham Act And Right Of Publicity Claims, Yen-Shyang Tseng
Pepperdine Law Review
In 2013 and 2015, the Ninth Circuit decided two nearly identical cases in which professional football players alleged a video game publisher used their likenesses without authorization in a game that simulates real football games. One plaintiff brought a false endorsement claim under the Lanham Act, while others brought state law right of publicity claims. That made all the difference. The Ninth Circuit found the First Amendment protected the game against the false endorsement claim, but not against the right of publicity claims. These contradictory results stem from court’s application of the Rogers v. Grimaldi test to Lanham Act claims …
Federal Architecture And First Amendment Limits,
2021
University of Washington School of Law
Federal Architecture And First Amendment Limits, Jessica Rizzo
Washington Journal of Law, Technology & Arts
In December of 2020, President Trump issued an executive order on “Promoting Beautiful Federal Civic Architecture,” a draft of which was leaked to the press in February under the title, “Making Federal Buildings Beautiful Again.” The order provided for updating the Guiding Principles of the General Services Administration’s Design Excellence Program to promote the use of “classical and traditional architectural styles,” which “have proven their ability to inspire…respect for our system of self-government.” According to the order, there would have been a presumption against the use of such modern architectural styles as Brutalism and Deconstructivism in the construction of new …
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression,
2021
University of Nebraska - Lincoln
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Honors Program: Senior Projects (Public)
Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.
The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …
Corporations "Pac" A Punch: Corporate Involvement's Influence In Elections And A Proposal For Public Campaign Financing In Ohio,
2021
Cleveland-Marshall College of Law
Corporations "Pac" A Punch: Corporate Involvement's Influence In Elections And A Proposal For Public Campaign Financing In Ohio, Taylor Hagen
Cleveland State Law Review
In 2010, the United States Supreme Court in a 5-4 decision ruled that limiting corporate spending in elections violates the First Amendment right to free speech. With this decision, the Supreme Court overturned election spending restrictions that dated back more than a century. Before Citizens United v. FEC was decided, the Court had previously held that these restrictions were permissible because there is a governmental interest in preventing election and campaign corruption. Now, corporations may expend unlimited funds for outside election spending, to super PACs, and may even establish their own PACs. Increased corporate involvement in elections has deteriorated American …
