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Channeled Beneath International Law: Mapping Infrastructure and Regulatory Capture as Israeli–American Hegemonic Reinforcers in Palestine Communication Law and Policy (IF 0.2) Pub Date : 2024-05-10 Riccardo Vecellio Segate
The United States is the most influential actor in the Israeli–Palestinian conflict; its intelligence agencies cooperate with Israel on most “counterterrorism” dossiers impacting Palestinians’ life...
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Digital Rights in Europe After the Entry Into Force of Regulations for the Protection of Personal Data: Before and After the Right to Be Forgotten Communication Law and Policy (IF 0.2) Pub Date : 2024-01-30 Ángela Moreno Bobadilla
This article opens with an analysis of the scope of the protectable legal right to be forgotten, since this must be understood not only in relation to the right to erasure. The right to be forgotte...
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Regulatory Capture in a Transitional Democracy: Media Laws in the Kurdistan Region of Iraq Communication Law and Policy (IF 0.2) Pub Date : 2023-09-12 Jiyan Faris, Pieter Maeseele, Kevin Smets
This article focuses on a particular aspect of media capture by examining how the Kurdistan Region of Iraq’s media regulatory authorities and governmental bureaucracy use both formal and informal i...
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Paranoid Androids: Free Speech Versus Privacy in America’s Resistance Against Intrusive Robocalls Communication Law and Policy (IF 0.2) Pub Date : 2023-07-13 Benjamin Cramer
Abstract This article discusses attempts by the American government to regulate robocalls – the automated and often fraudulent messages that are sent to citizens' phones by the billions every year. The earliest regulations against uninvited telephone solicitations were positioned by Congress and regulatory agencies as content-neutral protections of privacy in the home. This perspective aroused little
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An Unreasonable Standard?: The Dilemma of Applying Actual Malice to Irrational Speakers Communication Law and Policy (IF 0.2) Pub Date : 2023-06-15 Eric P. Robinson
Abstract Several defamation cases stemming from apparently irrational statements are testing the boundaries and standards of defamation law. The constitutional standard for defamation of public figures, actual malice, is based on the speaker’s knowledge that a statement is false or their reckless disregard for whether it is true. An irrational speaker who believes their statement is true confounds
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“The Gloss of History”: A Historical Analysis of U.S. Supreme Court Justices’ Framing of First Amendment Press Rights to Cover and Access Court Proceedings Communication Law and Policy (IF 0.2) Pub Date : 2023-06-15 Erin K. Coyle, Ayla Oden
Abstract Originalism explores the intentions for, or understandings of, constitutional rights held by drafters of the Constitution or founders of the United States. This qualitative historical analysis evaluates the accuracy and adequacy of U.S. Supreme Court justices’ citations of founders’ intentions for, or understandings of, free press rights in opinions addressing journalists’ rights to cover
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Regulatory Annexation: Extending Broadcast Media Regulation to Social Media and Internet Content Communication Law and Policy (IF 0.2) Pub Date : 2023-05-22 Vincent Obia
Abstract This article considers the regulation of social media usage in Nigeria and Africa, drawing from ideas on critical political economy, securitization, and state–citizen distrust. Using a methodology that combines policy analysis, case studies, and qualitative reading of social media texts, it introduces for the first time the concept of regulatory annexation. This is the extension of standards
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Editor’s Note: The Importance of Our Strong Scholarly Community Communication Law and Policy (IF 0.2) Pub Date : 2023-04-20 Amy Kristin Sanders
Published in Communication Law and Policy (Vol. 28, No. 1, 2023)
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On Shaky Ground: Reconsidering the Justifications for First Amendment Protection of Hate Speech Communication Law and Policy (IF 0.2) Pub Date : 2023-04-19 Caitlin Ring Carlson
Abstract In the United States, hate speech is protected by the First Amendment. This approach differs from most other Western democracies, many of which have enacted criminal or civil laws to punish those who publicly incite hatred toward groups based on their fixed identity characteristics such as race or ethnicity. Traditionally, U.S. jurisprudence and legal scholarship have relied on several discrete
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Copyright and Shareability: A Contractual Solution to Embedding via Social Media Communication Law and Policy (IF 0.2) Pub Date : 2023-03-29 Isabela M. Palmieri, Amanda Reid
Abstract An emerging change in judicial interpretation of copyright law threatens to unsettle well-settled expectations about the permissibility of embedding Internet content. Changes to the permissibility of embedding would inject uncertainty into a legal landscape that has proven foundational and has supported creators of all kinds. This jurisprudential shift would likely prompt social media platforms
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Applying the Purpose Limitation Principle in Smart-City Data-Processing Practices: A European Data Protection Law Perspective Communication Law and Policy (IF 0.2) Pub Date : 2023-03-16 Kamrul Faisal
Abstract Protection of privacy rights in the context of smart cities is novel, currently underdeveloped, and a hot topic worldwide. This article examines the purpose limitation of European data protection law in the context of smart cities. The “purpose limitation” principle of the General Data Protection Regulation (GDPR) outlines the ways and means of processing personal data to protect individuals’
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Communication Law and Policy Editor’s Note Communication Law and Policy (IF 0.2) Pub Date : 2023-03-15 Amy Kristin Sanders
Published in Communication Law and Policy (Vol. 27, No. 3-4, 2022)
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Regulating Facial Recognition Technology: A Taxonomy of Regulatory Schemata and First Amendment Challenges Communication Law and Policy (IF 0.2) Pub Date : 2023-03-10 Evan Ringel, Amanda Reid
Abstract This article examines the patchwork of regulatory approaches policymakers have used to govern use of facial recognition technology (FRT). Without comprehensive federal legislation, state and local policymakers are left to fill the regulatory gap. The purpose of this article is twofold. First, it creates a taxonomy of the existing regulatory schemata governing uses of FRT. The authors’ systematic
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Big Tech and Tying Arrangements: Are Antitrust Revisions Needed? Communication Law and Policy (IF 0.2) Pub Date : 2023-03-03 Amy Sindik
Abstract One area of antitrust law in which many Big Tech organizations fight antitrust lawsuits is tying arrangements. Tying arrangements, which occur when a seller requires the sale one product to be tied to the purchase of another product, are subject to the partial per se analysis introduced in Jefferson Parish Hospital District No. 2 v. Hyde. Partial per se does not automatically assume that a
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Emerging Transparency Systems for News Governance to Protect Media Independence and Credibility in the Digital Infosphere Communication Law and Policy (IF 0.2) Pub Date : 2023-02-21 Elena Herrero-Beaumont
Abstract Media capture and disinformation are two problems that exist in all media markets with greater or lesser extent. The current digital context is helping to exacerbate these problems, which represent the two main threats to the public's right to be informed in a constitutional democracy. The current legal-constitutional frameworks to protect the public’s right to information across EU jurisdictions
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Reimagining Section 230 and Content Moderation: Regulating Incivility on Anonymous Digital Platforms Communication Law and Policy (IF 0.2) Pub Date : 2023-02-02 Kathryn Montalbano
Abstract This article draws from surveys about the experiences of users with Yik Yak and other anonymous social media platforms to consider how digital intermediaries encourage civility and minimize hateful speech in their communities—given the protections from liability that Section 230 of the Communications Decency Act (CDA) affords them. It then turns to debates over Section 230 of the Communications
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Performative Media Policy: Section 230’s Evolution from Regulatory Statute to Loyalty Oath Communication Law and Policy (IF 0.2) Pub Date : 2023-01-27 Aram Sinnreich, Mariana Sanchez-Santos, Neil W. Perry, Patricia Aufderheide
Abstract This study analyzes 84 pieces of legislation between 1996 and January 20, 2021 proposing to modify “Section 230,” the clause in the Communications Act that protects Internet platforms from third-party liability for its users’ actions. Patterns in that legislation align with media coverage of Section 230. The study shows that in recent years, such legislation has shifted from bipartisan, policy-focused
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Editor’s Note: Staying at the Forefront of Communication Law and Policy Research Communication Law and Policy (IF 0.2) Pub Date : 2022-07-07 Amy Kristin Sanders
Published in Communication Law and Policy (Vol. 27, No. 2, 2022)
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The Social Foundations of Defamation in Trial Court: Why Cases Begin and How They End Communication Law and Policy (IF 0.2) Pub Date : 2022-06-29 David Pritchard
Abstract This article reports the results of a study of defamation cases in trial court. Robert Post’s conjecture that reputation comprises three distinct concepts forms the basis for the study’s central variable. The study develops and empirically tests a framework for understanding why defamation cases begin and how they end. The results show that the social characteristics of defamation cases, and
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A Cheerleader, a Snapchat, and a Profanity go to Supreme Court but the Punchline in Mahanoy Isn’t Funny Communication Law and Policy (IF 0.2) Pub Date : 2022-06-01 Christopher Terry, Stephen Schmitz, Eliezer Joseph Silberberg
Abstract In Reno v. ACLU and Packingham v. North Carolina, the U.S. Supreme Court ruled that government-enacted restrictions on online speech must pass strict scrutiny review. Even so, efforts to compel and restrict speech appearing in private venues like social media continue to expand in scope and number at both the state and federal level. We first explore Mahanoy Area School District v. B.L. in
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Evaluating Methods to Protect Sex Crime Victims’ Privacy: A Legal Analysis of States’ Attempts to Protect Victims’ Identities Communication Law and Policy (IF 0.2) Pub Date : 2022-05-31 Erin K. Coyle
Abstract Disclosing sex crime victims’ identities without their consent can harm their autonomy, dignity, equality, and intimacy. This article analyzed how state statutes in the United States may protect sex-crime victims’ privacy interests. Several states have allowed punishing printing, publishing, or broadcasting sex crime victims’ identifying information in instruments of mass communication. Such
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Editor’s Note: A Vision for Communication Law & Policy in the Digital Age Communication Law and Policy (IF 0.2) Pub Date : 2022-04-26 Amy Kristin Sanders
(2022). Editor’s Note: A Vision for Communication Law & Policy in the Digital Age. Communication Law and Policy: Vol. 27, No. 1, pp. 1-2.
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Crimes of Communication: The Implications of Australian Espionage Law for Global Media Communication Law and Policy (IF 0.2) Pub Date : 2022-03-25 Rebecca Ananian-Welsh, Sarah Kendall
Abstract Espionage has emerged as a leading national security threat for the digital age. Far from traditional wartime spy tactics, espionage now includes actors—including journalists—accessing and publishing sensitive information online to a global audience. This threat must be addressed; however, overbroad espionage laws have the capacity to criminalize legitimate journalism and chill free expression
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Policy Liberalism and Public Records Laws in the American States Communication Law and Policy (IF 0.2) Pub Date : 2022-03-25 Jonathan Anderson, David Pritchard, Casey Carmody
Abstract State law is often the principal determinant of case outcomes in areas of communication law such as access to information, defamation, invasion of privacy, and protection of news sources. Little is known, however, about the sources of state-to-state variation in communication law. The research presented in this article tests the hypothesis that a state’s level of policy liberalism—the extent
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Going Viral: Limited-Purpose Public Figures, Involuntary Public Figures, and Viral Media Content Communication Law and Policy (IF 0.2) Pub Date : 2022-03-04 Derigan Silver, Loryn Rumsey
Abstract Viral content on the internet has become part of our everyday lives. It has even made its way into defamation litigation. This article explores how viral content is changing the legal definition of limited-purpose and involuntary public figures. The article argues that courts should not consider having access to social media alone as having “access to media” under the test for deciding when
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Scandalizing the Court in the Commonwealth in the Twenty-First Century Communication Law and Policy (IF 0.2) Pub Date : 2021-10-22 Roxanne Watson
In 2014, the highest court of appeals for Mauritius overturned the conviction of a journalist for scandalizing the court in an article that was sharply critical of that country’s chief justice. In 2020, a well-known attorney was convicted of scandalizing the court in India for tweets that were critical of that country’s chief justice. While in Victoria, Australia, three government ministers narrowly
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A History of Modern Press Access to the Supreme Court of the United States Communication Law and Policy (IF 0.2) Pub Date : 2021-10-22 Michele Bush Kimball
Throughout its history, the Supreme Court of the United States has allowed members of the press access to oral arguments and decision releases in its courtroom. However, it took nearly eighty years to formally codify a process by which members of the press were officially credentialed to cover the Court, a pass giving them access to the courtroom beyond the bar, access to walk the halls freely, to
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Scoping the Journalists’ Freedom to Conduct Newsgathering at the European Court of Human Rights: A Step Toward a More Human Rights-Based Approach to the Coverage of ECHR Article 10? Communication Law and Policy (IF 0.2) Pub Date : 2021-10-22 Chris Wiersma
At the European Court of Human Rights (ECtHR), responding governments often argue that the right to “Freedom of expression” (Article 10) does not apply to cases because of journalists’ controversial methods of information gathering (such as wiretapping, secret recording, the use of aliases, and other methods). This article examines how the ECtHR’s international adjudication is a test of the boundaries
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Meiklejohn, Hocking, and Self-Government Theory Communication Law and Policy (IF 0.2) Pub Date : 2021-08-04
The philosopher Alexander Meiklejohn ranks among the most renowned First Amendment theorists. In Free Speech and Its Relation to Self-Government, published in 1948, he lays out four propositions: The First Amendment is intended to facilitate political discourse; its principal concern is the rights of listeners rather than those of speakers; the government has an affirmative obligation to improve the
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Administrative Law and the Federal Communications Commission Communication Law and Policy (IF 0.2) Pub Date : 2021-08-04
The decision of the Federal Communications Commission to repeal net neutrality regulations in 2018 was met with legal challenges arguing that the Commission did not have authority under administrative law to make such sweeping policy changes. In light of the net neutrality court battles, this historical analysis of FCC cases examines the way the Supreme Court of the United States has evaluated the
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Journalism as a Public Good: How the Nonprofit News Model Can Save Us from Ourselves Communication Law and Policy (IF 0.2) Pub Date : 2021-08-04
At a time when many U.S. newspapers find themselves at the edge of a financial precipice, The Salt Lake Tribune’s recent transformation into a 501(c)(3) public charity presents a potentially promising route to economic safety for other daily newspapers. Although the nonprofit, tax-exempt model has been an increasingly popular one for new media outlets, the IRS’s bestowal of such status on a major daily
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Freedom of Expression: Another Look at How Much the Public Will Endorse Communication Law and Policy (IF 0.2) Pub Date : 2021-04-22 Daniel Riffe, Kyla P. Garrett Wagner
Since World War II, U.S. citizens have reported overwhelming agreement that freedom of expression is a basic right. But, like the law on free expression, public opinion shows that citizen rights to free expression are not absolute or unidimensional, but conditional. To better understand the extent of citizen rights to free expression according to the U.S. public, this study examines data from an online
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The End of the Affair: Can the Relationship Between Journalists and Sources Survive Mass Surveillance and Aggressive Leak Prosecutions? Communication Law and Policy (IF 0.2) Pub Date : 2021-04-22 Anthony L. Fargo
One mission of the institutional media, recognized by journalists and judges alike, is to uncover the government’s secrets. This mission often involves obtaining information from sources who would face perils if identified. Journalists have historically risked legal penalties to protect sources’ identities, but now surveillance technology allows investigators to unmask leakers through their communication
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Journalist, Advertiser or Both: Reevaluating Legal Distinctions Between Journalistic and Commercial Speech in the Networked Era Communication Law and Policy (IF 0.2) Pub Date : 2021-04-22 Jared Schroeder, Monica Chadha
As traditional news organizations have struggled to adapt their content and financial models to networked information environments, and community journalism startups have begun to test a variety of new business and organization models, the line between journalistic and commercial expression has become opaque. This article examines the challenges emerging, twenty-first-century media organizations pose
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Libel and the Lab: Scientists and Defamation Communication Law and Policy (IF 0.2) Pub Date : 2021-01-27 Karen M. Markin
Scientists are increasingly involved in defamation claims. Sometimes they are defendants in disputes over the accuracy of articles published in peer-reviewed scientific journals. In other instances, scientists are plaintiffs, filing suits against those who have attacked them in the popular media, harming their reputations. Both situations represent efforts to quell scientists’ speech, generally because
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A Matter of Public Concern: The Case for Academic Freedom Rights of Public University Faculty Communication Law and Policy (IF 0.2) Pub Date : 2021-01-27 Michael K. Park
Although the Supreme Court of the United States has described academic freedom as a “special concern,” the Court has never recognized a First Amendment right of academic freedom reserved for the professoriate. Legal disputes involving scholarship and classroom speech have overwhelmingly favored institutions over individual academics. However, the lack of uniformity and inconsistent application of the
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Pandering, Priority or Political Weapon: Presidencies, Political Parties & the Freedom of Information Act Communication Law and Policy (IF 0.2) Pub Date : 2021-01-27 A. Jay Wagner
Politics have a profound influence on the design and administration of nearly all government laws and policies. And the executive branch, a highly political institution, is given significant latitude in shaping the primary mechanism for accessing government information, the Freedom of Information Act. This article explores the political nature of the FOIA by examining legislative history, party messaging
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Author Index Communication Law and Policy (IF 0.2) Pub Date : 2021-01-27
(2021). Author Index. Communication Law and Policy: Vol. 26, No. 1, pp. 103-132.
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Subject Index Communication Law and Policy (IF 0.2) Pub Date : 2021-01-27
(2021). Subject Index. Communication Law and Policy: Vol. 26, No. 1, pp. 133-160.
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Winkler, Adam. Beyond Bellotti, 32 Loy. L.A. L. Rev. 133 (1998) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Robert L. Kerr
Writing two decades after the Supreme Court of the United States held unconstitutional a ban on corporate political spending to influence ballot-initiative measures in First National Bank of Boston...
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Post, Robert C., The Social Foundations of Defamation Law: Reputation and the Constitution, 74 Calif. L. Rev. 691 (1986) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Lyrissa Lidsky
Robert Post published “The Social Foundations of Defamation Law” 1 the month I graduated from high school in a remote and dusty West Texas oil field town. I encountered the article six years later ...
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Warren, Samuel & Louis Brandeis. The Right to Privacy, 4 Harv. L. Rev. 193 (1890) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Cayce Myers
In late nineteenth century America, there were limited legal remedies when a person’s information or image was taken by people without permission. Sometimes a person did not even know that personal...
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Smythe, Dallas. Facing Facts About the Broadcast Business, 20 U. Chicago L. Rev. 96 (1952) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Thomas Streeter
To his credit, there are multiple Dallas Smythes in the literature. Historians have noted his participation in late 1940s regulatory struggles over public interest regulation of broadcasters. 1 Med...
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Schauer, Frederick. Social Foundations of the Law of Defamation: A Comparative Analysis, 1 J. Media L. & Prac. 3 (1980) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Kyu Ho Youm
Communication law as a whole and media law in particular tend to be country-specific rather than international or comparative. But the global twenty-first century makes us in communication law more...
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Schauer, Frederick. Uncoupling Free Speech, 92 Colum. L. Rev. 1321 (1992) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 David Anderson
We should have paid more attention to Fred. His skepticism about some of the dogmas of media law, if more widely appreciated, could have prevented some of the harm that excessive free speech zealot...
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Meiklejohn, Alexander. The First Amendment is an Absolute, 1961 Sup. Ct. Rev. 245 Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Charles Davis
Students new to the study of First Amendment law often grapple with the complexity and ambiguity of its parameters, a sensation familiar to all who encounter legal analysis and scholarship for the ...
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Looking Forward by Looking Backward: Brandeis’ Concurrence in Whitney v. California and the Future of Communication Law Scholarship Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Amy Kristin Sanders
In the decade following World War I, the Supreme Court of the United States decided a number of influential cases involving outspoken speakers, whose ideas were often less than popular. Against this backdrop, Justice Louis Brandeis introduced civic courage – the notion that public discussion of important issues is a political duty even when those ideas run counter to the status quo. Using his approach
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Solum, Lawrence Bayard. Law and Social Theory: Freedom of Communicative Action: A Theory of the First Amendment Freedom of Speech, 83 Nw. U.L. Rev. 54 (Fall 1988/Winter 1999) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Jeremy Harris Lipschultz
At the dawn of the digital age more than three decades ago, Professor Lawrence Byard Solum offered a proposition at the intersection of law and social theory. 1 In a symposium, he built upon commun...
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Stewart, Potter. “Or of the Press,” 26 Hastings L. J. 631 (1975) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Anthony L. Fargo
One of the enduring controversies of the United States Constitution is what the writers meant by those four words in the First Amendment that Justice Potter Stewart used as the title of his 1974 sp...
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Posner, Richard A. Free Speech in an Economic Perspective, 20 Suffolk U. L. Rev. 1 (1986) Communication Law and Policy (IF 0.2) Pub Date : 2020-10-01 Matthew D. Bunker
I first encountered Judge Richard A. Posner’s scholarship in the early 1990s when, as a doctoral student, I practically devoured his book, The Problems of Jurisprudence. 1 To me, Posner was emblema...
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Barron, Jerome A. Access to the Press — A New First Amendment Right, 80 Harv. Law Rev. 1641 (1967) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Theodore L. Glasser
In the first few sentences of what one commentator described as an “arresting opening paragraph,” 1 Jerome Barron began his plea for a broader, affirmative reading of the First Amendment: There is ...
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Anderson, David A. The Origins of the Press Clause, 30 UCLA L. Rev. 455 (1983) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Jared Schroeder
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Anderson, David A. Freedom of the Press, 80 Texas L. Rev. 429 (2002) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Jane E. Kirtley
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Lidsky, Larissa. Prying, Spying, and Lying: Intrusive Newsgathering and What the Law Should Do About It, 73 Tul. L. Rev. 173 (1998) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Roy S. Gutterman
If the law of invasion of privacy is the child of the seminal Samuel Warren and Louis Brandeis law review article of 1890, 1 then the modern newsgathering and privacy law in Larissa Lidsky’s 1998 a...
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Lessig, Lawrence. The Law of the Horse: What Cyberlaw Might Teach, 113 Harv. L. Rev. 501 (1999) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Victoria Smith Ekstrand
Cyberlaw taught us everything, actually. The year was 1999 and undergraduate media law professors across the country were hearing what was initially an astounding claim from their students: Illegally sharing and downloading music online were acts of free expression. For seasoned instructors at the time, the statement was initially a source of amusement. For those of us entering the academy, the claim
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Kalven Jr., Harry. The New York Times Case: A Note on “The Central Meaning of the First Amendment,” 1964 Sup. Ct. Rev. 191 Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Joseph Russomanno
Imagining an America in which officials in the highest positions of federal government support laws that criminalize the speech of their critics is not difficult. Not only were such laws passed in 1798 and 1917-18, assaults on First Amendment culture have extended into the twenty-first century. To punish his critics, for example, then-candidate Donald Trump pledged to “open up” libel laws. The ruling
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Bollinger, L.C. Jr. Freedom of the Press and Public Access: Toward a Theory of Partial Regulation of the Mass Media, 75 Mich. L. Rev. 1 (1976) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Philip M. Napoli
In selecting my article, I pivoted at decision time from an article that was influential in my development as a scholar to one that has recently begun to strike me as particularly relevant to ongoing policy debates about social media platforms, despite falling a bit out of favor over the years. With that brief preface, I’ll begin my revisiting of Lee Bollinger’s 1976 article, and attempt to make the
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Blasi, Vincent. The Checking Value in First Amendment Theory. 3 A.B.A. Found. Res. J. 521 (1977) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Sam Terilli
Professor Vincent Blasi in The Checking Value in First Amendment Theory demonstrated not only his insightful knowledge of the Constitution, history and law, he also revealed his keen understanding of the power of rhetoric: “To become a vital part of the living Constitution, a value must have more than a strong historical and analytical foundation. The value must also succeed at the level of rhetoric;
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Bezanson, Randall P. The Right to Privacy Revisited: Privacy, News, and Social Change, 1890-1990, 80 Cal. L. Rev. 1133 (1992) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Erin K. Coyle
Scholarship often traces American privacy law to Samuel D. Warren and Louis D. Brandeis’s influential 1890 Harvard Law Review article. The Warren and Brandeis article argues judges ought to protect a person’s thoughts, sensations and emotions against invasions by the press, photographers, distributors of portraits, and publishers of gossip. Warren and Brandeis connected the right of privacy to personal
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Balkin, Jack M. The Future of Free Expression in a Digital Age, 36 Pepp. L. Rev. 707 (2009) Communication Law and Policy (IF 0.2) Pub Date : 2020-07-02 Jonathan Peters
In 2011 and 2012, when I was a Ph.D. student, I conducted an interview series about free expression issues for the Harvard Law & Policy Review. I talked with lawyers and scholars who had made indelible marks on how people thought about the First Amendment’s promise and limits. One of them was Jack M. Balkin, the Knight Professor of Constitutional Law and the First Amendment at Yale Law School. I asked