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Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba 2019 Drexel University Thomas R. Kline School of Law

Global Platform Governance: Private Power In The Shadow Of The State, Hannah Bloch-Wehba

SMU Law Review

Online intermediaries—search engines, social media platforms, even e-commerce businesses—are increasingly required to make critical decisions about free expression, individual privacy, and property rights under domestic law. These requirements arise in contexts that include the right to be forgotten, hate speech,“ terrorist” speech, and copyright and intellectual property. At the same time, these disputes about online speech are increasingly borderless. Many laws targeting online speech and privacy are explicitly extraterritorial in scope. Even when not, some courts have ruled that they have jurisdiction to enforce compliance on a global scale. And governments are also demanding that platforms remove content ...


Protecting Internet Freedom At The Expense Of Facilitating Online Child Sex Trafficking? An Explanation As To Why Cda's Section 230 Has No Place In A New Nafta, Elizabeth Carney 2019 The Catholic University of America, Columbus School of Law

Protecting Internet Freedom At The Expense Of Facilitating Online Child Sex Trafficking? An Explanation As To Why Cda's Section 230 Has No Place In A New Nafta, Elizabeth Carney

Catholic University Law Review

Section 230 of the Communications Decency Act was passed in 1996 to promote and develop a nascent internet industry. The legislation affords protection from civil liability to internet providers that host content created by a third party. Section 230 protects internet companies that would otherwise be financially devastated by every defamation or libel lawsuit brought for each bad review or false statement posted. As the argument goes, all the familiar websites, such as Facebook, Yelp, and Twitter, would not have flourished without this vital legislation. Although Section 230 has played an important role in developing the internet today as we ...


When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney 2019 University of Maryland Francis King Carey School of Law

When Law Frees Us To Speak, Danielle Keats Citron, Jonathon W. Penney

Fordham Law Review

A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexualprivacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally important expressive role. In this Article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role: its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and ...


Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron 2019 Fordham University School of Law

Gender Equality And The First Amendment: Foreword, Jeanmarie Fenrich, Benjamin C. Zipursky, Danielle Keats Citron

Fordham Law Review

Gender equality demands equal opportunity to speak and be heard. Yet, in recent years, the clash between equality and free speech in the context of gender has intensified—in the media, the workplace, college campuses, and the political arena, both online and offline. The internet has given rise to novel First Amendment issues that particularly affect women, such as nonconsensual pornography, online harassment, and online privacy. On November 1–2, 2018, the Fordham Law Review brought together scholars and practicing lawyers from around the nation to address many of the pressing challenges facing feminists and free speech advocates today. The ...


Pregnancy And The First Amendment, Helen Norton 2019 University of Colorado School of Law

Pregnancy And The First Amendment, Helen Norton

Fordham Law Review

Suppose that you are pregnant and seated in the waiting room of a Planned Parenthood clinic, or maybe in a facility that advertises “Pregnant? We Can Help You.” This Essay discusses the First Amendment rules that apply to the government’s control of what you are about to hear. This Essay considers what First Amendment law, as applied to speech to pregnant women, would look like if the Court attended to the First Amendment interests of pregnant women themselves.


"'Male Chauvinism' Is Under Attack From All Sides At Present": Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. McClain 2019 Boston University School of Law

"'Male Chauvinism' Is Under Attack From All Sides At Present": Roberts V. United States Jaycees, Sex Discrimination, And The First Amendment, Linda C. Mcclain

Fordham Law Review

This Article considers the relationship between gender equality and freedom of association. Part I begins with the Supreme Court’s recognition of the freedom of association as first articulated in NAACP v. Alabama. It shows how, in the context of race discrimination, some key civil rights victories have enlisted claims of the freedom of association, while some other victories have prevailed against such claims. Those precedents set the foundation for the Court’s decision in Jaycees, which concerned gender discrimination. Part II focuses on the role of Jaycees in drawing an analogy between the harms of gender discrimination and sexual-orientation ...


Free Speech And The Diverse University, Keith E. Whittington 2019 Princeton University

Free Speech And The Diverse University, Keith E. Whittington

Fordham Law Review

There are those who think that free speech and inclusivity on college campuses are inconsistent. The notion that the two values are in tension with one another has become a common framing for thinking about the modern campus. A Gallup-Knight Foundation poll of college students asked respondents not only whether they valued free speech or diversity but also to choose between them and indicate which was “more important for colleges.” When forced to choose, a substantial minority of students said they would prioritize inclusivity over the freedom to express “viewpoints that are offensive” on campus. Following the Gallup-Knight poll the ...


Managing The Misinformation Marketplace: The First Amendment And The Fight Against Fake News, Daniela C. Manzi 2019 Fordham University School of Law

Managing The Misinformation Marketplace: The First Amendment And The Fight Against Fake News, Daniela C. Manzi

Fordham Law Review

In recent years, fake news has overtaken the internet. Fake news publishers are able to disseminate false stories widely and cheaply on social media websites, amassing millions of likes, comments, and shares, with some fake news even “trending” on certain platforms. The ease with which a publisher can create and spread falsehoods has led to a marketplace of misinformation unprecedented in size and power. People’s vulnerability to fake news means that they are far less likely to receive accurate political information and are therefore unable to make informed decisions when voting. Because a democratic system relies on an informed ...


Putting Accessible Expression To Bed, Jamila A. Odeh 2019 University of Michigan Law School

Putting Accessible Expression To Bed, Jamila A. Odeh

Michigan Law Review

In 2011, the Occupy movement began. Occupiers seized space in dozens of public parks and in the American imagination, providing a compelling illustration of an inclusive format of political expression. In the courtroom, protesters sought injunctive relief on First Amendment grounds to protect the tent encampments where Occupiers slept. In 2017, the last of the Occupy litigation ended; but the ramifications the Occupy cases hold for the First Amendment and expressive conduct remain unexamined.

This Comment takes an in-depth look at the adjudication of Occupiers’ First Amendment interest in sleeping in public parks. It analyzes the adjudication of the Occupy ...


What Do Voting Results Of The 2016 State Elections Tell Us About Bias Response Teams?, Reid Parker 2019 University of Tennessee, Knoxville

What Do Voting Results Of The 2016 State Elections Tell Us About Bias Response Teams?, Reid Parker

Chancellor’s Honors Program Projects

No abstract provided.


Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell 2019 University of Connecticut

Toxic Misogyny And The Limits Of Counterspeech, Lynne Tirrell

Fordham Law Review

Gender equality, across all the ways that we humans are engendered, is an unrealized ideal of many contemporary Americans. It is not enshrined in the U.S. Constitution, unless one interprets “men” to include women, which the Framers did not. Although passed by Congress in 1972, the Equal Rights Amendment (ERA) failed to gain the necessary thirty-eight state ratifications, and it has never become law. Thirty-five states initially ratified it between 1972 and 1977, then two more in 2017 and 2018. It remains one state short. These ratifications indicate significant social progress for women, but the progress is uneven, even ...


Illegal Encouragement: The Federal Statute That Makes It Illegal To “Encourage” Immigrants To Come To The United States And Why It Is Unconstitutionally Overbroad, Lauren D. Allen 2019 Boston College Law School

Illegal Encouragement: The Federal Statute That Makes It Illegal To “Encourage” Immigrants To Come To The United States And Why It Is Unconstitutionally Overbroad, Lauren D. Allen

Boston College Law Review

Section 1324(a)(1)(A)(iv) of Title 8 of the United States Code makes it illegal to “encourage” an alien to come to or reside in the United States. Since that section’s 1986 amendment, the circuits have struggled to adopt a consistent definition for “encourage.” Though some circuits have adopted a broad definition, the Third Circuit has explicitly taken a different route, applying a narrower construction. In addition to these different constructions, the two circuits that addressed the potential overbreadth issue of this subsection have reached contrary conclusions. This Note argues that this provision is facially unconstitutional under ...


Gagged By Big Ag: Whistleblower Silencing Bill Threatens The Employee’S Right To Uncover Workplace Wrongdoing, Tara Cooley 2019 Golden Gate University School of Law

Gagged By Big Ag: Whistleblower Silencing Bill Threatens The Employee’S Right To Uncover Workplace Wrongdoing, Tara Cooley

Golden Gate University Law Review

This Comment analyzes the court’s application of the standing doctrine in PETA v. Stein to demonstrate that the dismissal of a challenge to a whistleblower silencing statute because the plaintiff lacked standing is detrimental to First Amendment rights. This Comment argues that a relaxed standing requirement must be applied to future pre-enforcement challenges of legislation that aims to silence whistleblowers, and therefore chills First Amendment rights.

Part I examines the court’s relaxed application of the standing requirement to criminal statutes that chill First Amendment rights. Part II argues for a relaxed application of the standing requirement to whistleblower ...


Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope 2019 Liberty University

Modern Misconceptions On The Wall Of Separation: An Analysis On The Influence And Misinterpretation Of Jefferson’S Separation Of Church And State, Marissa Swope

Senior Honors Theses

The symbolic concept of separation between church and state defines the relationship between government and religion. While Jefferson did not author the phrase, the third President of the United States promoted the philosophy of a wall of separation between church and state in his letter to the Danbury Baptists in 1802. Jefferson’s support for a wall of separation stemmed from a strong belief in liberty of conscience and relied heavily upon the conviction to protect religious liberty. Through an analysis on the contextual history of the phrase, the original intent and application of separation of church and state becomes ...


Public Or Private? The Split Over First Amendment Protection Of Union Speech By Public Employees, Meredith McCaffrey 2019 Boston College Law School

Public Or Private? The Split Over First Amendment Protection Of Union Speech By Public Employees, Meredith Mccaffrey

Boston College Law Review

On May 16, 2018, the Second Circuit held, in Montero v. City of Yonkers, that a police officer who criticized other officers at a union meeting and then sued for retaliation in the wake of his remarks spoke “as a private citizen” and was therefore protected by the First Amendment. However, the Second Circuit limited its ruling by refusing to adopt a per se rule that any person who speaks as a union member speaks “as a private citizen” and is therefore protected from retaliation by the First Amendment. By specifically refusing to adopt a per se rule on union ...


The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms, Natalie Annette Pagano 2019 Elisabeth Haub School of Law at Pace University

The Indecency Of The Communications Decency Act § 230: Unjust Immunity For Monstrous Social Media Platforms, Natalie Annette Pagano

Pace Law Review

The line between First Amendment protection and the innovation of social media platforms is hazy at best. Not only do these platforms increasingly encompass the lives of many individuals, but they provide incredible new opportunities to interact from near and far, through sharing photographs, videos, and memories. The Internet provides countless outlets that are available at the tip of users’ fingers: thriving forums to communicate nearly whenever and wherever desired. Users effortlessly interact on these platforms and are consistently exposed to numerous forms of speech, including messages through posts, chat room discussions, videos, polls, and shared statements. From 2010 to ...


Platforms, The First Amendment And Online Speech: Regulating The Filters, Sofia Grafanaki 2019 Pace University

Platforms, The First Amendment And Online Speech: Regulating The Filters, Sofia Grafanaki

Pace Law Review

In recent years, online platforms have given rise to multiple discussions about what their role is, what their role should be, and whether they should be regulated. The complex nature of these private entities makes it very challenging to place them in a single descriptive category with existing rules. In today’s information environment, social media platforms have become a platform press by providing hosting as well as navigation and delivery of public expression, much of which is done through machine learning algorithms. This article argues that there is a subset of algorithms that social media platforms use to filter ...


Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar 2019 University of Southern California

Comrades Or Foes: Did The Russians Break The Law Or New Ground For The First Amendment?, Artem M. Joukov, Samantha M. Caspar

Pace Law Review

This Article discusses the recent decision by the United States Federal Government to indict more than a dozen Russian nationals for conspiracy to defraud the United States of America. The Government accused the Russians of staging protests, distributing false propaganda, and spreading political messages and ideologies online in an effort to affect the outcome of the 2016 Presidential Election. We argue that while the Defendants violated several other laws, the majority of the acts the Government classifies as a conspiracy to defraud the United States should not be considered criminal. Rather, these acts are protected political speech under the First ...


Freedom Of Religion And Belief In India And Australia: An Introductory Comparative Assessment Of Two Federal Constitutional Democracies, Paul T. Babie, Arvind P. Bhanu 2019 Adelaide Law School, University of Adelaide, Australia

Freedom Of Religion And Belief In India And Australia: An Introductory Comparative Assessment Of Two Federal Constitutional Democracies, Paul T. Babie, Arvind P. Bhanu

Pace Law Review

This article considers the freedom of religion and belief (“free exercise”) in two secular federal constitutional democracies: India and Australia. Both constitutional systems emerged from the former British Empire and both continue in membership of the Commonwealth of Nations, which succeeded it. However, the similarities end there, for while both separate church and state, and protect free exercise, they do so in very different ways. On the one hand, the Indian Constitution contains express provisions which comprehensively deal with free exercise. On the other hand, while one finds what might appear a protection for free exercise in the Australian Constitution ...


A Call Of Duty To Counterstrike: Cyberharassment And The Toxic Gaming Culture Plaguing Female Gamers And Developers, Natasha N. Phidd 2019 College of William & Mary Law School

A Call Of Duty To Counterstrike: Cyberharassment And The Toxic Gaming Culture Plaguing Female Gamers And Developers, Natasha N. Phidd

William & Mary Journal of Race, Gender, and Social Justice

The frequency with which female gamers and game developers experience sexual harassment and threats of violence online is significant enough to warrant concern about a section of our society— female gamers and game developers—having their sexuality and gender identity used against them, both as weapons and as barriers blocking them from access to a lucrative economic venture. An examination of the 2014 Gamergate controversy and various other instances of cyberharassment against female gamers and developers, as well as a look into the realm of eSports and an analysis of cyberharassment and the concept of true threats, indicate that this ...


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