Garnier v. O’Connor-Ratcliff
Ninth Circuit Finds First Amendment Violation in School District Officials' Blocking of Parents on Social Media.
Vol. 136 No. 5
Internet & Communications Law
The Anti-Klan Act in the Twenty-First Century
Vol. 136 No. 4
Racial terrorism by organized hate groups and “lone wolf” vigilantes presents a growing societal danger. Increasingly, the planning and recruitment for such plots occur...
Juridical Discourse for Platforms
Response to Content Moderation as Systems Thinking
Vol. 136 No. 2
Facebook founder Mark Zuckerberg has created a private “Supreme Court,” or so he says. Since 2021, his company’s Oversight Board has issued verdicts on...
Content Moderation as Systems Thinking
Vol. 136 No. 2
This Article argues that content moderation should instead be understood as a project of mass speech administration and that looking past a post-by-post evaluation of platform decisionmaking reveals a complex and dynamic system that needs a more proactive and continuous form of governance than the vehicle of individual error correction allows.
The Awareness Doctrine
Vol. 135 No. 7
The state of news media leaves much to be desired. Traditional broadcast mediums are dominated by a select few voices that overwhelmingly push partisan...
United States v. Wilson
Ninth Circuit Holds That Officer's Warrantless Review of Images Flagged by Google as Apparent Child Sexual Abuse Material Violated Fourth Amendment
Vol. 135 No. 6
Campbell v. Reisch
Eighth Circuit Finds State Representative Not a State Actor When Blocking Constituents on Twitter
Vol. 135 No. 6
Facebook’s Faces
The case of the suspension of former President Donald Trump’s Facebook and Instagram accounts clarified the relationship between Facebook and its Oversight Board. To...
Beware of Giant Tech Companies Bearing Jurisprudential Gifts
Response to Privacy as Privilege: The Stored Communications Act and Internet Evidence
Vol. 134 No. 8
Giant tech companies are not a brooding omnipresence in the sky, but mostly because their rapacious approach to data surveillance leaves little time for...
Privacy as Privilege: The Stored Communications Act and Internet Evidence
Vol. 134 No. 8
This Article exposes a profound and growing injustice that major technology companies have propagated through every level of the judiciary under the guise of...