Why have radio and television never been granted the same First Amendment freedoms that we have always accorded the printed word? In this fascinating work, Lucas A. Powe, Jr., examines the strange paradox governing our treatment of the two types of media. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1987.
Since its popularization in the mid 1990s, the Internet has impacted nearly every aspect of our cultural and personal lives. Over the course of two decades, the Internet remained an unregulated medium whose characteristic openness allowed numerous applications, services, and websites to flourish. By 2005, Internet Service Providers began to explore alternative methods of network management that would permit them to discriminate the quality and speed of access to online content as they saw fit. In response, the Federal Communications Commission sought to enshrine "net neutrality" in regulatory policy as a means of preserving the Internet's open, nondiscriminatory characteristics. Although the FCC established a net neutrality policy in 2010, debate continues as to who ultimately should have authority to shape and maintain the Internet's structure. Regulating the Web brings together a diverse collection of scholars who examine the net neutrality policy and surrounding debates from a variety of perspectives. In doing so, the book contributes to the ongoing discourse about net neutrality in the hopes that we may continue to work toward preserving a truly open Internet structure in the United States.
This book explores what the American Civil Liberties Union calls the "third era" in cyberspace, in which filters "fundamentally alter the architectural structure of the Internet, with significant implications for free speech." Although courts and nongovernmental organizations increasingly insist upon constitutional and other legal guarantees of a freewheeling Internet, multi-national corporations compete to produce tools and strategies for making it more predictable. When Google attempted to improve our access to information containing in books and the World Wide Web, copyright litigation began to tie up the process of making content searchable, and resulted in the wrongful removal of access to thousands if not millions of works. Just as the courts were insisting that using trademarks online to criticize their owners is First Amendment-protected, corporations and trade associations accelerated their development of ways to make Internet companies liable for their users’ infringing words and actions, potentially circumventing free speech rights. And as social networking and content-sharing sites have proliferated, so have the terms of service and content-detecting tools for detecting, flagging, and deleting content that makes one or another corporation or trade association fear for its image or profits. The book provides a legal history of Internet regulation since the mid-1990s, with a particular focus on efforts by patent, trademark, and copyright owners to compel Internet firms to monitor their online offerings and remove or pay for any violations of the rights of others. This book will be of interest to students of law, communications, political science, government and policy, business, and economics, as well as anyone interested in free speech and commerce on the internet.
This book analyzes questions of platform bias, algorithmic filtering and ranking of Internet speech, and declining perceptions of online freedom. Courts have intervened against unfair platforms in important cases, but they have deferred to private sector decisions in many others, particularly in the United States. The First Amendment, human rights law, competition law, Section 230 of the Communications Decency Act, and an array of state and foreign laws address bad faith conduct by Internet platforms or other commercial actors. Arguing that the problem of platform neutrality is similar to the net neutrality problem, the book discusses the assault on freedom of speech that emerges from public-private partnerships. The book draws parallels between U.S. constitutional and statutory doctrines relating to shared spaces and the teachings of international human rights bodies relating to the responsibilities of private actors. It also connects the dots between new rights to appeal account or post removals under the Digital Services Act of the European Union and a variety of fair treatment obligations of platforms under American and European competition laws, “public accommodations” laws, and public utilities laws. Analyzing artificial intelligence (AI) regulation from the point of view of social-media and video-platform users, the book explores overlaps between European and U.S. efforts to limit algorithmic censorship or “shadow-banning”. The book will be of interest to students and scholars in the field of cyberlaw, the law of emerging technologies and AI law.
A leading law review offers a quality ebook edition. This third issue of 2012 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents for the issue include: ARTICLES: "Orwell’s Armchair," by Derek E. Bambauer "Jury Nullification in Modified Comparative Negligence Regimes," by Eli K. Best & John J. Donohue III "Allocating Pollution," by Arden Rowell COMMENTS: "A State-Centered Approach to Tax Discrimination under § 11501(b)(4) of the 4-R Act" "A Felony, I Presume? 21 USC § 841(b)’s Mitigating Provision and the Categorical Approach in Immigration Proceedings" "Home Is Where the Court Is: Determining Residence for Child Custody Matters under the UCCJEA" "Revisiting Revlon: Should Judicial Scrutiny of Mergers Depend on the Method of Payment?" In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used. The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School student-editors.
Americans often believe that the First Amendment and free speech are synonymous and that all restrictions on speech can be addressed by the legal framework of the First Amendment. Political theorist Samuel P. Nelson argues that the current legal framework for free speech actually undermines attempts to resolve many of these issues and that the law of the First Amendment has supplanted the vital politics of free speech. To cut through the confusion, Nelson takes a step back from the First Amendment framework to understand the social nature of speech, moving toward a more pluralistsic and value-based understanding. He examines three philosophies commonly used to justify speech protection—libertarianism, expressivism, and egalitarianism—and finds none of them sufficiently responsive in today's contemporary political landscape. Advocating an approach grounded in value pluralism—which describes a wider variety of free speech claims than the First Amendment allows—Nelson pushes the debate beyond constitutional and legal questions.
How right-wing political entrepreneurs around the world use religious offense—both given and taken—to mobilize supporters and marginalize opponents. In the United States, elements of the religious right fuel fears of an existential Islamic threat, spreading anti-Muslim rhetoric into mainstream politics. In Indonesia, Muslim absolutists urge suppression of churches and minority sects, fostering a climate of rising intolerance. In India, Narendra Modi's radical supporters instigate communal riots and academic censorship in pursuit of their Hindu nationalist vision. Outbreaks of religious intolerance are usually assumed to be visceral and spontaneous. But in Hate Spin, Cherian George shows that they often involve sophisticated campaigns manufactured by political opportunists to mobilize supporters and marginalize opponents. Right-wing networks orchestrate the giving of offense and the taking of offense as instruments of identity politics, exploiting democratic space to promote agendas that undermine democratic values. George calls this strategy “hate spin”—a double-sided technique that combines hate speech (incitement through vilification) with manufactured offense-taking (the performing of righteous indignation). It is deployed in societies as diverse as Buddhist Myanmar and Orthodox Christian Russia. George looks at the world's three largest democracies, where intolerant groups within India's Hindu right, America's Christian right, and Indonesia's Muslim right are all accomplished users of hate spin. He also shows how the Internet and Google have opened up new opportunities for cross-border hate spin. George argues that governments must protect vulnerable communities by prohibiting calls to action that lead directly to discrimination and violence. But laws that try to protect believers' feelings against all provocative expression invariably backfire. They arm hate spin agents' offense-taking campaigns with legal ammunition. Anti-discrimination laws and a commitment to religious equality will protect communities more meaningfully than misguided attempts to insulate them from insult.
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The First Amendment: Cases and Theory, Fourth Edition is a comprehensive and up to date First Amendment casebook that covers freedom of speech, freedom of association, and religious liberties. The First Amendment: Cases and Theory, Fourth Edition, uses the case method to elucidate theory and doctrine. In an area rife with multi-factor tests, mastery of First Amendment theory and doctrine requires more than rote memorization of three- and four-part tests; it requires a firm foundation in the underlying theories and purposes that animate the Supreme Court's decisions. No less important, the casebook also includes Theory Applied Problems at the end of each major section. These Theory Applied Problems provide an easy and convenient means to assess students' mastery of the relevant theories and precedents. The editors also have included carefully targeted coverage of how other constitutional democracies, such as Canada and Germany, have reached very different conclusions regarding the scope and meaning of expressive freedom. All major contemporary free expression and religious liberty controversies receive coverage, with helpful notes to answer student questions and deepen their understanding of the subject areas. The First Amendment: Cases and Theory is a highly teachable casebook suitable for a standard three-hour survey of the First Amendment, but also for more focused courses on the Speech, Press, Assembly Clauses, and the Religion Clauses. New to the 4th Edition: Revised chapters on basic free speech doctrines including "low value" speech, content neutrality, symbolic conduct, and freedom of association Addition of recent major Supreme Court decisions on free expression, free exercise of religion, and the Establishment Clause Consideration of how social media affects freedom of expression Professors and students will benefit from: Completely revised and updated coverage - including coverage of the Supreme Court's major First Amendment decisions since publication of the Third Edition Comprehensive coverage of contemporary major free speech and religious freedom controversies that are likely to generate future landmark Supreme Court precedents in the years to come Suitable for adoption in comprehensive First Amendment survey courses as well as more narrowly focused courses on the Speech, Press, and Assembly Clauses or the Religion Clauses The perspective of Tim Zick, a noted expert on freedom of expression, as a new casebook coauthor Covers cutting edge free speech controversies such as sexting, revenge porn, racist trademarks, government speech, and student speech rights in the age of the internet Places doctrinal developments into a coherent historical narrative that shows the evolving nature of First Amendment doctrine Includes targeted coverage of free speech rules in foreign jurisdictions that have considered, but rejected, the U.S. approach in important areas such as libel, hate speech, national security, and sexually explicit speech Reorganized and updated coverage of foundational free speech and association doctrines Completely reorganized and updated coverage of the Religion Clauses Includes up-to-date coverage of the growing conflicts over religious exemptions to anti-discrimination laws for individuals, churches, and businesses. Includes dedicated coverage of the Religious Freedom Restoration Act (RFRA) and state RFRAs Presents the "Lemon," "endorsement," "coercion," and "history and tradition" tests for Establishment Clause challenges Separation of church and state cases in multiple areas from vouchers to creationism in schools to government sponsored Latin crosses to legislative prayers. Provides comprehensive coverage of the First Amendment in a casebook that can still be taught cover-to-cover in a standard three-hour survey course format without requiring the instructor to make selective coverage decisions
The information infrastructure---comprising computers, embedded devices, networks and software systems---is vital to day-to-day operations in every sector: information and telecommunications, banking and finance, energy, chemicals and hazardous materials, agriculture, food, water, public health, emergency services, transportation, postal and shipping, government and defense. Global business and industry, governments, indeed society itself, cannot function effectively if major components of the critical information infrastructure are degraded, disabled or destroyed. Critical Infrastructure Protection V describes original research results and innovative applications in the interdisciplinary field of critical infrastructure protection. Also, it highlights the importance of weaving science, technology and policy in crafting sophisticated, yet practical, solutions that will help secure information, computer and network assets in the various critical infrastructure sectors. Areas of coverage include: Themes and Issues, Control Systems Security, Infrastructure Security, and Infrastructure Modeling and Simulation. This book is the 5th volume in the annual series produced by the International Federation for Information Processing (IFIP) Working Group 11.10 on Critical Infrastructure Protection, an international community of scientists, engineers, practitioners and policy makers dedicated to advancing research, development and implementation efforts focused on infrastructure protection. The book contains a selection of 14 edited papers from the 5th Annual IFIP WG 11.10 International Conference on Critical Infrastructure Protection, held at Dartmouth College, Hanover, New Hampshire, USA in the spring of 2011. Critical Infrastructure Protection V is an important resource for researchers, faculty members and graduate students, as well as for policy makers, practitioners and other individuals with interests in homeland security. Jonathan Butts is an Assistant Professor of Computer Science at the Air Force Institute of Technology, Wright-Patterson Air Force Base, Ohio, USA. Sujeet Shenoi is the F.P. Walter Professor of Computer Science at the University of Tulsa, Tulsa, Oklahoma, USA.
Suggesting future lines of inquiry for policymakers and others, this report attempts to distill the essential points of discussion and debate that occurred during a conference on electronic media regulation and the first amendment attended by 21 experts representing legislative, regulatory, business, judicial, academic, audience, and media interests. Sections of the report discuss: coping with the "paradigm" shift in communications; the old paradigms and how they work; broadcasting and scarcity: the Geller critique; reactions to Geller and alternative paradigms; the hybrid first amendment rights of cable television; is common carriage incompatible with the first amendment?; proposed theories of the first amendment in the era of electronic media; reactions to the 10 theories of the first amendment; and the question whether a single theory of the first amendment can embrace both print and electronic media? A partial list of referenced cases, a list of conference participants, and the Program on Communications and Society policy statement are attached. (RS)
