Author: Valerie C. Brannon
Publisher: Independently Published
ISBN: 9781092635158
Category : Law
Languages : en
Pages : 50
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Book Description
As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. ยง 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Author: Lee C. Bollinger
Publisher: Oxford University Press
ISBN: 0197621082
Category : Freedom of speech
Languages : en
Pages : 449
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Book Description
A broad explanation of the various dimensions of the problem of bad speech on the internet within the American context. One of the most fiercely debated issues of this era is what to do about bad speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of bad speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote the public interest. Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.
Author: Nathaniel Persily
Publisher: Cambridge University Press
ISBN: 1108835554
Category : Business & Economics
Languages : en
Pages : 365
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Book Description
A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
Author: Kenneth Dautrich
Publisher: Rowman & Littlefield
ISBN: 9780742562820
Category : Computers
Languages : en
Pages : 206
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Book Description
Findings from the high-profile John S. and James L. Knight Foundation-sponsored surveys of over 100,000 high school students in 2004 and 2006 provided a wake-up call to those interested in preserving the future of free expression rights in America. These studies documented the current lack of appreciation for free expression rights among the nation's high school students, and thus raised serious questions about the vitality of those rights as this generation reaches adulthood. In The Future of the First Amendment, the scholars who conducted the Knight studies identify a number of important connections and relationships that education reformers should account for as they seek to raise the status of the First Amendment among the nation's youth. This book documents and explores the ramifications of First Amendment education and student media activities--both traditional and digital--on student support for free expression rights. Linking these curricular and extra-curricular activities to the next generation's tolerance for free expression rights, it provides guidance to educators and policy-makers on methods of improving the next generation's appreciation for these rights which are so central to the health of American democracy.
Author: Mark V. Tushnet
Publisher: W. W. Norton & Company
ISBN: 9780393058680
Category : Constitutional law
Languages : en
Pages : 392
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Book Description
In this authoritative reckoning with the eighteen-year record of the Rehnquist Court, Georgetown law professor Mark Tushnet reveals how the decisions of nine deeply divided justices have left the future of the Court; and the nation; hanging in the balance. Many have assumed that the chasm on the Court has been between its liberals and its conservatives. In reality, the division was between those in tune with the modern post-Reagan Republican Party and those who, though considered to be in the Court's center, represent an older Republican tradition. As a result, the Court has modestly promoted the agenda of today's economic conservatives, but has regularly defeated the agenda of social issues conservatives; while paving the way for more radically conservative path in the future.
Author: Nripendra P. Rana
Publisher: Springer Nature
ISBN: 3030243745
Category : Business & Economics
Languages : en
Pages : 337
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Book Description
This book examines issues and implications of digital and social media marketing for emerging markets. These markets necessitate substantial adaptations of developed theories and approaches employed in the Western world. The book investigates problems specific to emerging markets, while identifying new theoretical constructs and practical applications of digital marketing. It addresses topics such as electronic word of mouth (eWOM), demographic differences in digital marketing, mobile marketing, search engine advertising, among others. A radical increase in both temporal and geographical reach is empowering consumers to exert influence on brands, products, and services. Information and Communication Technologies (ICTs) and digital media are having a significant impact on the way people communicate and fulfil their socio-economic, emotional and material needs. These technologies are also being harnessed by businesses for various purposes including distribution and selling of goods, retailing of consumer services, customer relationship management, and influencing consumer behaviour by employing digital marketing practices. This book considers this, as it examines the practice and research related to digital and social media marketing.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309290333
Category : Political Science
Languages : en
Pages : 93
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Book Description
Following an earlier NRC workshop on public response to alerts and warnings delivered to mobile devices, a related workshop was held on February 28 and 29, 2012 to look at the role of social media in disaster response. This was one of the first workshops convened to look systematically at the use of social media for alerts and warnings-an event that brought together social science researchers, technologists, emergency management professionals, and other experts on how the public and emergency managers use social media in disasters.In addition to exploring how officials monitor social media, as well as the resulting privacy considerations, the workshop focused on such topics as: what is known about how the public responds to alerts and warnings; the implications of what is known about such public responses for the use of social media to provide alerts and warnings to the public; and approaches to enhancing the situational awareness of emergency managers. Public Response to Alerts and Warnings Using Social Media: Report of a Workshop on Current Knowledge and Research Gaps summarizes presentations made by invited speakers, other remarks by workshop participants, and discussions during parallel breakout sessions. It also points to potential topics for future research, as well as possible areas for future research investment, and it describes some of the challenges facing disaster managers who are seeking to incorporate social media into regular practice.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Jean Burgess
Publisher: SAGE
ISBN: 1473995795
Category : Social Science
Languages : en
Pages : 945
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Book Description
The world is in the midst of a social media paradigm. Once viewed as trivial and peripheral, social media platforms like Twitter, Facebook and WeChat have become an important part of the information and communication infrastructure of society. They are bound up with business and politics as well as everyday life, work, and personal relationships. This international Handbook addresses the most significant research themes, methodological approaches and debates in the study of social media. It contains substantial chapters written especially for this book by leading scholars from a range of disciplinary perspectives, covering everything from computational social science to sexual self-expression. Part 1: Histories And Pre-Histories Part 2: Approaches And Methods Part 3: Platforms, Technologies And Business Models Part 4: Cultures And Practices Part 5: Social And Economic Domains
Author: Harley Kennedy
Publisher: Independently Published
ISBN:
Category : Computers
Languages : en
Pages : 0
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Book Description
Are social media platforms the new battlegrounds for freedom of speech? Let's look into the heart of the debate with this compelling exploration of Supreme Court decisions, state laws in Florida and Texas, and the future of online communication. In an era dominated by digital discourse, the regulation of social media has become a hot-button issue. But where do we draw the line between free expression and harmful content? Join us as we navigate the complex landscape of online speech, content moderation, and the ever-evolving role of technology in our lives. Discover the legal intricacies behind Supreme Court decisions shaping the digital age, including the impact of landmark cases on social media regulation. Explore the implications of state laws in Florida and Texas, delving into their effects on internet governance, digital rights, and the balance between government intervention and platform autonomy. From the origins of the First Amendment to the nuances of Section 230, this book offers a comprehensive examination of the legal and ethical dilemmas surrounding social media regulation. Gain insights into the challenges of navigating content moderation on digital platforms and the implications for democracy, civil liberties, and the future of online discourse. Whether you're a legal scholar, tech enthusiast, or concerned citizen, this book is essential reading for anyone interested in the intersection of law, technology, and society. Join the conversation and discover the path forward in the complex world of social media regulation.
