Browsing by Subject "First Amendment"
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Item Algorithms, Machine Learning, and Speech: The Future of the First Amendment in a Digital World(2017-06) Wiley, SarahWe increasingly depend on algorithms to mediate information and thanks to the advance of computation power and big data, they do so more autonomously than ever before. At the same time, courts have been deferential to First Amendment defenses made in light of new technology. Computer code, algorithmic outputs, and arguably, the dissemination of data have all been determined as constituting “speech” entitled to constitutional protection. However, continuing to use the First Amendment as a barrier to regulation may have extreme consequences as our information ecosystem evolves. This paper focuses on developing a new approach to determining what should be considered “speech” if the First Amendment is to continue to protect the marketplace of ideas, individual autonomy, and democracy.Item Busted mugs and bad lighting: Balancing First Amendment interests against claims for control of one's identity(2014-05) Batchelder, CassandraBooking photographs, also known as "mug shots," have served law enforcement purposes for centuries. Mug shots also dominate media coverage of crime. These images attract readers, as tabloid publications and reputable newspapers alike maintain online databases of mug shots. Observing this popularity, Internet entrepreneurs saw an opportunity to make a profit. Mug shot website proprietors began to "scrape" mug shots from local law enforcement agencies and post the images along with the arrested individual's name and reason for arrest online. To make a profit, sites began to charge fees to remove individuals' mug shots from their websites. This practice sparked several reactions. Search engines like Google changed their algorithms to push mug shot websites further back in results pages. Payment service providers began to refuse to do business with the mug shot websites. State legislatures began passing laws to make this business practice illegal, often restricting or placing conditions on access to once-public mug shots in the process. Individuals began to sue these websites, arguing the sites' use of their mug shots was for a commercial purpose that violated the individuals' right of publicity. In response, mug shot websites have largely adapted their business practices, now only collecting revenue from displaying mug shots alongside advertising or collecting subscription fees.The reactions to mug shot websites' new business practices raise concerns for all content creators. Restricted access to mug shots through a patchwork of state laws about their use and right of publicity lawsuits based on mug shot websites provide a lens through which to view the conflict between individuals' interest in controlling information about themselves and content creators' interest in autonomously deciding what to publish pursuant to the First Amendment. This thesis begins by discussing the history of mug shots, the rise of mug shot websites, and the reactions to these websites. The thesis then traces the legal roots of two of these responses: the legislative approaches to mug shots and the development of the right of publicity. Next, this thesis considers a theoretical framework through which to view both sides of this debate--an individual's autonomy interest in controlling information and a publisher's interest in making autonomous publishing decisions. Then, this thesis considers how courts have resolved the conflict between these positions. Finally, this thesis concludes that going forward, a unified approach, rather than a patchwork of state laws addressing harms that arise from uses of information or a tort claim without an underlying theory, should govern conflicts between individuals and publishers. A unified approach that values the autonomy of both parties best balances the two positions. Courts should consider the totality of the circumstances in which the use of information about an individual appears to determine whether the First Amendment interest outweighs the individual's autonomy interest. Only then will a manageable approach to the use of an individuals' information emerge--one that protects both First Amendment interests and provides meaningful protection to individuals from future harms stemming from new uses of technology.Item Fall 2004 Silha Bulletin, Volume 6 Number 1(University of Minnesota, 2004) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane E.; Smith, Kristine; Deutsch, Andrew; Shapiro, Holiday; Hansen Maher, Kelly J.; Hargrove, ElaineItem Fall 2014 Silha Bulletin(University of Minnesota, 2014-12) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane E.; Carmody, Casey; Vlisides, Alex; Wiley, Sarah; Hargrove, ElaineItem Free Speech vs. Safe Space(2017-02-07) Benson, Guy; Kirtley, JaneItem The Future of the Fourth Amendment: Guardian of the First Amendment(2015-05) Vlisides, AlexanderModern technology records unprecedented amounts of data about individuals, and developments in surveillance technologies have removed many practical limitations on government collection of this information. A Fourth Amendment test called the third party doctrine permits the U.S. government to collect vast amounts of this electronically-stored data without any individualized suspicion. This thesis explores how the failure to create legal barriers preventing indiscriminate data collection chills citizens' First Amendment rights. Courts, legal scholars and social scientists have documented how pervasive surveillance restricts free expression and even free thought. This thesis endorses a technology-centered approach to the Fourth Amendment, which asks whether government's method of collection has the capacity to facilitate broad, indiscriminate surveillance. This approach better protects free expression and reasonable expectations of privacy by focusing directly on the fundamental challenge facing modern Fourth Amendment jurisprudence: the current practical and constitutional feasibility of mass surveillance methods that chill First Amendment rights.Item #Jurormisconduct, but #sameoldpretrialpublicity: a proposal for the use of Supreme Court pretrial publicity precedent in shaping jurisprudence involving juror use of social media(2013-05) Miller, Holly AnneActive Internet users in the United States spend 23 percent of the time they are online on social networking sites and blogs. Facebook, the most popular social networking site in the United States, currently boasts more one billion users. Twitter, another social networking site that has recently seen a surge in users, surpassed 500 million registered users by 2012. Further, 88 percent of American adults own cell phones, 46 percent of which are smart phones, capable of accessing the Internet and social media sites anytime, anywhere. Easy access to the Internet and social media websites does not end with receipt of a jury summons. Although juror misconduct has always been a concern within the judicial system, the prevalence of technology available to jurors has increased the ease with which jurors can improperly communicate with each other and with other trial participants, publish information regarding the trial, and conduct outside research on the case. This thesis begins with a discussion a historical look at juries, the media, and pretrial publicity and its relationship with the idea of an impartial jury. Next, an overview is given of the judicial remedies available to courts in combating the external influences of the media and the public on a jury. Then, this thesis turns to a discussion of what an impartial jury looks like in the age of "tweets" and "likes," highlighting how changes in technology have put external influences in the palms of most jurors today. The author then provides examples of recent cases involving juror misconduct stemming from social media posts or other online activity, followed by a summary of how this problem is currently being dealt with in jurisdictions across the country and scholarly critiques of those potential tools. This thesis next turns to an exploration of whether online juror speech has First Amendment value and whether it is deserving of robust First Amendment protection. Finally, the author proposes that in order to balance speech which has First Amendment value with a defendant's Sixth Amendment right to a fair trial, that courts evaluate online juror misconduct cases utilizing the framework set forth by the Supreme Court in its pretrial publicity jurisprudence.Item Silha Bulletin(University of Minnesota, 2023-05) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane; Colby, Claire; Brunn, Samantha; Srodulski, Luke; Hargrove, ElaineA newsletter from the Silha Center for the Study of Media Ethics and Law at the Hubbard School of Journalism and Mass Communications at the University of Minnesota, Twin Cities.Item Silha Bulletin(University of Minnesota, 2022-08) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane E.; Colby, Claire; Samantha, Brunn; Srodulski, Luke; Hargrove, ElaineThe Silha Bulletin is a publication of the Silha Center for the Study of Media Ethics and Law in the Hubbard School of Journalism and Mass Communication, part of the College of Liberal Arts at the University of Minnesota Twi Cities campus.Item Silha Bulletin(University of Minnesota, 2015-12) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane E.; Carmody, Casey; White, Dillon; Wiley, Sarah; Hargrove, ElaineItem Silha Bulletin(University of Minnesota, 2016-12) Kirtley, Jane E.; Carmody, Casey; Memmel, Scott; Waclawski, Ronald; Hargrove, ElaineItem Silha Bulletin(University of Minnesota, 2015-05) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane E.; Carmody, Casey; Wiley, Sarah; Vlisides, Alex; Hargrove, ElaineItem Silha Bulletin(University of Minnesota, 2024-10-03) University of Minnesota: Silha Center for the Study of Media Ethics and LawThe Silha Bulletin is a publication of the Silha Center for the Study of Media Ethics and Law, located within the Hubbard School of Journalism and Mass Communication at the University of Minnesota, Twin Cities.Item Silha Bulletin(University of Minnesota, 2016-08) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane E.; Carmody, Casey; Memmel, Scott; Waclawski, Ronald; Hargrove, ElaineItem Silha Bulletin(University of Minnesota, 2023-12) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane E.; Harrington, Mallory; Higgins, Charlotte; Tate, Jack; Liston, Ryan; Hargrove, ElaineThe Silha Bulletin is a publication of the Silha Center for the Study of Media Ethics and Law.Item Silha Bulletin(University of Minnesota, 2022-06-02) University of Minnesota: Silha Center for the Study of Media Ethics and Law; Kirtley, Jane E.; Colby, Claire; Memmel, Scott; Brunn, Samantha; Hargrove, ElaineThe Silha Bulletin is a publication of the Silha Center for the Study of Media Ethics and Law. It is published three times a year: late fall, late spring, and late summer. It is available online at: https://hsjmc.umn.edu/research-centers/centers/silha-center/silha-center-bulletin and the University of Minnesota Digital Conservancy at: http://conservancy.umn.edu/discover?query=Silha+Bulletin.Item Silha Bulletin(University of Minnesota, 2021) Kirtley, Jane E.; Anderson, Jonathan; Memmel, Scott; Wiley, Sarah; Hargrove, ElaineSilha Bulletin: A publication of the Silha Center for the Study of Media Ethics and LawItem Silha Bulletin(University of Minnesota, 2017)Item Silha Bulletin(University of Minnesota, 2019-05) Kirtley, Jane E.; Memmel, Scott; Nordstrom, Kirsten; Wiley, Sarah; Hargrove, ElaineA publication of the Silha Center for the Study of Media Ethics and LawItem Silha Bulletin 2024 Winter/Spring(Silha Center for the Study of Media Ethics and Law; Hubbard School of Journalism and Mass Communication, 2024-06-01) Kirtley, Jane; Liston, Ryan; Harrington, Mallory; Tate, Jack; Hargrove, ElaineThe Silha Bulletin is a publication of the Silha Center for the Study of Media Ethics and Law, published three times a year. The Silha Center is a research center located within the Hubbard School of Journalism and Mass Communication at the Twin Cities campus of the University of Minnesota.