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Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications, Consumer Protection, and Finance
Publisher:
ISBN:
Category : Broadcasting
Languages : en
Pages : 352
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Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Telecommunications, Consumer Protection, and Finance
Publisher:
ISBN:
Category : Broadcasting
Languages : en
Pages : 352
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Book Description
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. § 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: Thomas Streeter
Publisher: University of Chicago Press
ISBN: 0226777294
Category : Social Science
Languages : en
Pages : 354
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Book Description
In this interdisciplinary study of the laws and policies associated with commercial radio and television, Thomas Streeter reverses the usual take on broadcasting and markets by showing that government regulation creates rather than intervenes in the market. Analyzing the processes by which commercial media are organized, Streeter asks how it is possible to take the practice of broadcasting—the reproduction of disembodied sounds and pictures for dissemination to vast unseen audiences—and constitute it as something that can be bought, owned, and sold. With an impressive command of broadcast history, as well as critical and cultural studies of the media, Streeter shows that liberal marketplace principles—ideas of individuality, property, public interest, and markets—have come into contradiction with themselves. Commercial broadcasting is dependent on government privileges, and Streeter provides a searching critique of the political choices of corporate liberalism that shape our landscape of cultural property and electronic intangibles.
Author: United States. Federal Communications Commission
Publisher:
ISBN:
Category : Telecommunication
Languages : en
Pages : 1140
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Antitrust, Monopolies, and Business Rights
Publisher:
ISBN:
Category : Antitrust law
Languages : en
Pages : 754
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Author:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 636
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Book Description
The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government.
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:
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 774
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Book Description
Author: Helen A. Shaw
Publisher:
ISBN:
Category : Freedom of information
Languages : en
Pages : 112
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Author: United States. Office of the Federal Register
Publisher:
ISBN:
Category : Executive departments
Languages : en
Pages : 876
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Book Description
