scholarly journals Is the First Amendment Obsolete?

2018 ◽  
pp. 547
Author(s):  
Tim Wu
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
First Amendment ◽  
Free Speech ◽  
The Political ◽  
The Internet ◽  
New Techniques ◽  
The Core ◽  
New Methods ◽  
Speech Control

The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly different than today’s. With respect to any given issue, speech was scarce and limited to a few newspapers, pamphlets or magazines. The law was embedded, therefore, with the presumption that the greatest threat to free speech was direct punishment of speakers by government. Today, in the internet and social media age, it is no longer speech that is scarce—rather, it is the attention of listeners. And those who seek to control speech use new methods that rely on the weaponization of speech itself, such as the deployment of “troll armies,” the fabrication of news, or “flooding” tactics. This Essay identifies the core assumptions that proceeded from the founding era of First Amendment jurisprudence, argues that many of those assumptions no longer hold, and details the new techniques of speech control that are used by governmental and nongovernmental actors to censor and degrade speech. It concludes by arguing that protection of free speech may now depend on law enforcement recognizing its role in the protection of the American speech environment.

scholarly journals Bomb Plans on the Internet: The Case for Constitutional Protection

2005 ◽  
Vol 25 ◽  
pp. 345-371
Author(s):  
Beau Breslin
Keyword(s):  
First Amendment ◽  
Free Speech ◽  
Subject Matter ◽  
The Internet ◽  
Constitutional Protection ◽  
The Core ◽  
Historical Treatment

This article addresses the central constitutional questions surrounding the debate over regulating speech that includes educational designs for bomb making. The aim of the article is to provide an additional, and in many ways, alternative justification for broad constitutional protection based on the core principles of free speech itself, and on the Court’s historical treatment of differing subject matter. I argue that in addition to the more traditional First Amendment rules of over breadth and vagueness, it is also important to consider the judiciary’s evaluation of the content of speech itself when drawing conclusions about the constitutionality of legislation suppressing designs for the construction of violent material. Unlike unprotected speech, expression that includes designs for constructing explosives warrants constitutional protection because it belongs most closely to a category of speech-namely, scientific speech-that has traditionally been afforded protection.

Pelanggaran Hak Cipta Musik Berbentuk Cover Song di Media Sosial

2021 ◽  
Vol 4 (1) ◽  
pp. 36-48
Author(s):  
Uyan Wiryadi
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
The Internet ◽  
Domain Name ◽  
State Institutions ◽  
Electronic Transactions ◽  
Short Period ◽  
The Republic ◽  
Cover Song ◽  
Cover Songs

The purpose of this study: 1) To find out copyright violations in the field of music in the form of a cover song by recording through social media connected with Law Number 28 of 2014 concerning Copyright. 2) To find out the factors that influence copyright violations in the music field in the form of cover songs by recording through social media. The writing of this thesis uses a statute approach, by reviewing amendments to Law Number 28 of 2014 concerning Copyright and its implications for copyright and its implementation by state institutions and the Republic of Indonesia Law No. 19 of 2016 concerning Amendment of Law Number 11 Year 2008 Regarding Information and Electronic Transactions. Results of research conducted by the author: When someone does a cover song through social media without permission from the creator, both for the purpose not for commercial or commercial purposes, it is an infringement of copyright. Factors that influence the occurrence of violations of copyright in Indonesia include: 1) Weak law enforcement against violators. 2) Works on the internet can easily be duplicated and disseminated globally in a short period of time and in large quantities. 3) There is no limit on the place of the offender because a domain name or website can be accessed by anyone globally. 4) Procedures for events between countries in dealing with violations of copyright on the internet, such as to determine who the perpetrators are and when they occur and determine the jurisdiction of violations still vary.  

Using the Internet to Make Local Music More Available to the South Wales Community

2016 ◽  
pp. 1157-1172
Author(s):  
Jonathan Bishop ◽  
Lisa Mannay
Keyword(s):  
Social Media ◽  
The Political ◽  
The Internet ◽  
Creative People ◽  
National Anthem ◽  
South Wales ◽  
Welsh Language ◽  
Economic Landscape ◽  
The Many ◽  
The Web

Wales is the “land of the poets so soothing to me,” according to its national anthem. The political and economic landscape does not on the whole provide for the many creative people that are in Welsh communities. Social media Websites like MySpace and YouTube as well as Websites like MTV.com, eJay, and PeopleSound, whilst providing space for artists to share their works, but do not usually consider the needs of local markets, such as in relation to Welsh language provision through to acknowledgement of Welsh place names and Wales's status as a country. The chapter finds that there are distinct issues in relation to presenting information via the Web- or Tablet-based devises and suggests some of the considerations needed when designing multi-platform environments.

The Resonant Roar of the Internet

2017 ◽  
pp. 123-139
Author(s):  
Cheryl A. Slattery
Keyword(s):  
Social Media ◽  
First Amendment ◽  
Title Ix ◽  
The Internet ◽  
Professional Lives ◽  
Online Environment

This chapter will examine the intersection of law, policy, and appropriate teacher conduct in the online environment through a series of vignettes and offer suggestions for both the pre-service and in-service teacher to successfully navigate social media throughout their careers. The author has captured contemporary relationships through the lifeline of social media and has highlighted some of the ultimate consequences of the line between personal and professional lives that became blurred in the online environment. The issue of the First Amendment protection as well as the issue of the Educational Amendments of 1972 (Title IX) are addressed.

Gangs and Social Media

2019 ◽  
Author(s):  
David C. Pyrooz ◽  
Richard K. Moule, Jr.
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Physical Space ◽  
The United States ◽  
The Internet ◽  
Neutral Medium ◽  
Gang Members ◽  
A Value ◽  
Youth And Young Adults ◽  
Social Media Platforms

It was once presumed that costs of Internet adoption were too great for gang members to absorb. They lacked the financial resources to access the Internet or the technological know-how to use it. That is no longer the case, which leads to two questions: What are gang members doing online? What are the responses to gangs online? The growing research on this topic indicates that gang members are online and using the Internet at a rate comparable to their peers. This occurs in the United States and abroad. Gangs do not exploit the Internet to its criminal potential, even though the law enforcement community suggests otherwise. This is most likely due to the low technological capacities of gang members. However, gang members do engage in higher rates of crime and deviance online than their non-gang peers. Gang members also use the Internet to posture, provoke, and project group power, particularly on leading social media platforms such as Facebook, Twitter, and YouTube, which in turn allows activities occurring online to have ramifications for crime and violence offline. It is debatable whether online space is as important to gangs as physical space, but the Internet is undoubtedly a valuable medium to gangs. The potential for conflict and the posting of gang images has attracted the attention of law enforcement as well as researchers to document this activity. Platforms are being developed to anticipate the spilling of online gang conflicts offline. Since the Internet is a value-neutral medium that engages youth and young adults, it is anticipated that social media and the Internet will continue to appeal to gangs and gang members for the foreseeable future.

Understanding the Psychology of Persuasive Violent Extremist Online Platforms

2019 ◽  
pp. 27-42
Author(s):  
Loo Seng Neo ◽  
Leevia Dillon ◽  
Priscilla Shi ◽  
Jethro Tan ◽  
Yingmin Wang ◽  
...  
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
Security Interest ◽  
Online Platforms ◽  
Online Presence ◽  
The World

Exploiting the benefits afforded by the Internet, violent extremists have created and utilised a myriad of online platforms (e.g., websites, forums, blogs, social media) that have abetted and enhanced their recruitment campaigns across the world. While the idea of countering violent extremists' online presence is a matter of considerable security interest, the paucity of research analysing the persuasiveness of their online platforms to certain target audiences impedes law enforcement agencies' capability to deal with them. There is a need to understand why their online platforms are so persuasive to certain target audiences. Focusing on these online platforms, this chapter will examine the features of these platforms that enhance the appeal of violent extremist messages.

Peacebuilding, Media, and Terrorism in 21st Century and Beyond

2018 ◽  
pp. 224-242
Author(s):  
Claude R. Shema
Keyword(s):  
Social Media ◽  
Conflict Resolution ◽  
Mass Media ◽  
Digital Media ◽  
21St Century ◽  
The Internet ◽  
Strong Link ◽  
The Core ◽  
Peace And Conflict ◽  
Peace And Conflict Resolution

The 21st century faced challenges that undermine peace and harmony among humankind on the planet earth. Apart from scary man made environmental related calamities, the 21st century emerged with the mass media era, where the internet, digital and social media based threats and terrorizing propaganda has catapulted to unspeakable and unprecedented extreme radicalization from all over the globe. The propaganda messages are spread at the lightning speed, from one end of the globe to another instantly, and impacts of the outcomes shake the core of humanity from psychological, political, and socioeconomic aspects as well. Through available literature, this chapter examines the impacts of digital media to peace and conflict resolution, and investigates the psychosocial aspects and modules or hypotheses of media and paths to terrorism behavior as well. Hypotheses suggest a strong link leading to association between digital media and pathways to terrorism and associated psychological impacts.

Peacebuilding, Media, and Terrorism in 21st Century and Beyond

2019 ◽  
pp. 2114-2132
Author(s):  
Claude R. Shema
Keyword(s):  
Social Media ◽  
Conflict Resolution ◽  
Mass Media ◽  
Digital Media ◽  
21St Century ◽  
The Internet ◽  
Strong Link ◽  
The Core ◽  
Peace And Conflict ◽  
Peace And Conflict Resolution

The 21st century faced challenges that undermine peace and harmony among humankind on the planet earth. Apart from scary man made environmental related calamities, the 21st century emerged with the mass media era, where the internet, digital and social media based threats and terrorizing propaganda has catapulted to unspeakable and unprecedented extreme radicalization from all over the globe. The propaganda messages are spread at the lightning speed, from one end of the globe to another instantly, and impacts of the outcomes shake the core of humanity from psychological, political, and socioeconomic aspects as well. Through available literature, this chapter examines the impacts of digital media to peace and conflict resolution, and investigates the psychosocial aspects and modules or hypotheses of media and paths to terrorism behavior as well. Hypotheses suggest a strong link leading to association between digital media and pathways to terrorism and associated psychological impacts.

A Review of Radicalization Theories

2018 ◽  
Author(s):  
Kees Van Den Bos
Keyword(s):  
Social Media ◽  
Process Models ◽  
The Internet ◽  
The Core ◽  
Homegrown Terrorism ◽  
Perceived Unfairness ◽  
Relevant Factors ◽  
Internet And Social Media

Chapter 3 reviews core theories of radicalization, with a special emphasis on those theories that examine extremism and terrorism and, in particular, those that include perceptions of unfairness as one of the core mechanisms that fuel radicalization. This review grounds the discussion of perceived unfairness and other relevant factors in Chapters 4 to 9. Specifically, Chapter 3 reviews process models that focus on the radicalization process. The chapter also examines theories that focus on factors that motivate the radicalization process. And the chapter discusses variables from within a society as well as from outside society that can constitute important issues in radicalization processes. This review includes issues such as homegrown terrorism and the Internet and social media.

Demographics, Design, and Free Speech

2019 ◽  
pp. 150-169
Author(s):  
Soraya Chemaly
Keyword(s):  
Social Media ◽  
Free Speech ◽  
Public Interest ◽  
Hate Speech ◽  
Male Dominance ◽  
The Internet ◽  
Online Interactions ◽  
Media Companies ◽  
Social Media Platforms ◽  
Harmful Effects

The toxicity of online interactions presents unprecedented challenges to traditional free speech norms. The scope and amplification properties of the internet give new dimension and power to hate speech, rape and death threats, and denigrating and reputation-destroying commentary. Social media companies and internet platforms, all of which regulate speech through moderation processes every day, walk the fine line between censorship and free speech with every decision they make, and they make millions a day. This chapter will explore how a lack of diversity in the tech industry affects the design and regulation of products and, in so doing, disproportionately negatively affects the free speech of traditionally marginalized people. During the past year there has been an explosion of research about, and public interest in, the tech industry’s persistent diversity problems. At the same time, the pervasiveness of online hate, harassment, and abuse has become evident. These problems come together on social media platforms that have institutionalized and automated the perspectives of privileged male experiences of speech and violence. The tech sector’s male dominance and the sex segregation and hierarchies of its workforce result in serious and harmful effects globally on women’s safety and free expression.

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