The Balancing Act of Source Confidentiality

The conflict between securing the freedom of Americans to say, write, and publish what they please, and protecting Americans from the abuse of this freedom, defines the struggle of considering First Amendment legal issues. Every First Amendment topic we’ve discussed so far--obscenity, libel, privacy--deals with this tension between freedom and safety. The issue of confidential... Continue Reading →

Stormys’ A-Brewin’

A federal judge dismissed adult film star Stormy Daniels’ defamation lawsuit against President Donald Trump yesterday in Federal court. Daniels claimed Trump’s tweet attacked the veracity of her account of the incident and that his tweet was false, defamatory and charged her with a serious crime. In an order handed down Monday, U.S. District Judge... Continue Reading →

Journalism,Risk and Confidentiality

The death of the Washington Post journalist Jamal Khashoggi has been in the news recently. The Turkish government said Khashoggi was killed in the Saudi Consulate in Istanbul.  At first, no one confirmed if he was dead, although it was suspected. Apparently Khashoggi went to the consulate to arrange for a marriage certificate but never came out.  Trump said Khashoggi’s death was the possibility of... Continue Reading →

The Right to Record

What do you get when you mix portable technology that can capture and disseminate high-definition footage with the touch of a button and a growing national concern about police accountability? Anyone who has seen the news coverage of a police brutality case over the last few years knows the answer: bystander cell phone footage of... Continue Reading →

Life is short, have an affair, and get hacked!

With modern technological advances happening all the time, it is not surprising that the First Amendment is being considered a factor in journalistic approaches to covering leaks. Ashley Madison, an online dating website that specifically targets married adults who want to have affairs, was hacked in July 2015. This hack leaked tens of millions of user’s... Continue Reading →

Exercising my right to call you a piece of sh*t

This New York Times opinion piece brought to my attention the latest addition to the conversation of free speech on college campuses. On September 27th, Professor Mitchell Langbert wrote an entry on his blog* where he characterizes sexual assault as an rite of passage for young men. A response following the allegations against Kavanaugh, Langbert... Continue Reading →

America’s Big Brother, Google

We are all somewhat aware of the incessant information our devices have of us. Fleeting thoughts and underdeveloped opinions make their way onto our search engines. We may forget after a couple of hours, but our devices won't. Fragments of our conversations, visited locations, pictures, personal information and documented thoughts will mold together to form... Continue Reading →

Rehnquist: SNL’s Biggest Fan

When discussing the speech that should be protected under the First Amendment, most find it easy to agree that factual criticism should always be allowed. Permitting dissent without punishment is for the benefit of the people as it is their right to be informed. But when it comes down to offensive parody, some find it... Continue Reading →

Not the Ares of America

It’s often said that the media are the fourth branch of the United States government. They report. They reflect. They respond. They represent. Individuals comprise the media. It is important to make that distinction. Donald Trump often reports that the media are the enemy of the American people. He paints them as this malicious, vile... Continue Reading →

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