Topic
First Amendment: Speech
Posts
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NoteVol. 102 · Iss. 2
Plane-Arazzi: Balancing Remedies for Celebrities Tracked By ADS-B With the Threat of Censorship
Since their rollout in 2008 and widespread adoption in the years since, Automatic Dependent Surveillance-Broadcast (ADS-B) transponders have made air travel both smarter and…
Savannah C. Olmstead -
ArticleVol. 102 · Iss. 1
AI Outputs Are Not Protected Speech
AI safety laws are coming. Researchers, advocates, and the White House agree. Rapidly advancing generative AI technology has immense potential, but it also raises…
Peter N. Salib -
Online2023
When to Admit Art as Evidence
Jeffery Lamar Williams, better known as Young Thug, is the latest high-profile rapper to have his rap “lyrics” potentially entered into evidence as part…
Andrew Jensen Kerr -
ArticleVol. 100 · Iss. 3
The Disembodied First Amendment
Abstract First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything…
Nathan Cortez & William Sage -
NoteVol. 100 · Iss. 3
A Privacy Torts Solution to Postmortem Deepfakes
Introduction In 2021, Road Runner, a documentary about late celebrity chef Anthony Bourdain, became embroiled in controversy for using AI-generated voice technology to create…
Olivia Wall -
ArticleVol. 100 · Iss. 1
Content Under Pressure
Abstract The government generally may not punish speakers based on the content of their speech. Or so the story goes. While American courts frequently…
Randy J. Kozel -
NoteVol. 99 · Iss. 5
Robocalls Have Been Blocked, But Businesses Can-Spam Emails with Little Regulation
INTRODUCTION As the Supreme Court stated in the 2020 case Barr v. American Association of Political Consultants, “Americans passionately disagree about many things. But…
Drew Smith -
Online2022
The War Chest Problem: Why Transferring Unspent Campaign Funds Violates The First Amendment
In an ideal world, political candidates would raise the exact amount of funds they would need to mount a winning campaign in the current…
Steven Davis -
CommentaryVol. 99 · Iss. 2
Regulating Speech Online: Free Speech Values in Constitutional Frames
ABSTRACT Regulating speech online has become a key concern for lawmakers in several countries. But national and supranational regulatory efforts are being met with…
Claudia E. Haupt -
NoteVol. 99 · Iss. 1
Laws and Taxes and Big Tech, Oh My! The Case for a Federal Excise Tax on Targeted Digital Advertisements Created by Use of Personally Identifiable Data
Introduction Though there is no overt subscription fee for using “free” online platforms like Facebook, it is well established there is a hidden, continuous…
Alida Babcock -
NoteVol. 87 · Iss. 2
Criminal Liability for Internet Culprits: The Need for Updated State Laws Covering the Full Spectrum of Cyber Victimization
On October 16, 2006, Tina Meier found her thirteen-year-old daughter, Megan, hanging from a belt inside her closet. The situation was a tragedy from…
Kate E. Schwartz -
ArticleVol. 88 · Iss. 6
Reserved Seats on Japan’s Supreme Court
The Article examines the decision on the allocation of seats to private attorneys and scholars in the Japanese Supreme Court. It outlines the reallocation…
Lawrence Repeta