Fact or Phallus? Considering the Constitutionality of Texas\u27s Cyber-Flashing Law Under the True Threat Doctrine

As societal reliance on digital and online communication continues to grow, courts are grappling with how best to provide legal recourse for novel, technology-related issues while still protecting American citizens’ First Amendment right to free speech. The State of Texas recently enacted Penal Code section 21.19, which criminalizes the transmission of unsolicited sexually explicit images to another person—or as it is commonly known, “cyber-flashing.” Cyber-flashing occurs through digital and online platforms, including text messages, apps, and social media. Section 21.19 is one of the first statutes of its kind in the United States. In the age of “dick pics,” this law has emerged at a crucial time in an evolving social and technological world. While section 21.19 has ample support, critics argue that it is ultimately unconstitutional. Proponents argue that it combats sexual harassment and the “growing problem of aggressive and unsolicited sexual communication online.” Additionally, many victims view cyber-flashing as a threatening and intimidating form of sexual violence. This fact is legally significant, in that the First Amendment’s true threat doctrine allows governmental regulation of speech that places individuals in fear of harm. This Article argues that section 21.19 is constitutional under the true threat doctrine and, alternatively, proposes a possible solution for Texas to ensure the statute’s compliance with First Amendment free speech protections

Not Just A Place For Friends : Teenagers, Social Networks, and Identity Vulnerability

This study is an empirical analysis of adolescents\u27 risk management on internet social network sites such as Facebook and MySpace. Using a survey of 935 U.S. adolescents gathered by the Pew Internet and American Life Project, I investigate the influence of offline social networks on online socialization, as well as the impact of parental and self mediation tactics on risky online information-sharing practices. Overall, the relationship between offline social network strength and online communications methods was inconclusive, with results suggesting that most teens use online communications in similar ways, regardless of offline connectedness. Some relationships were discovered between parental and individual mediation tactics and risky online information sharing, largely supporting the use of active mediation techniques by parents and informed control of shared information by individual users. User demographics had a strong effect on risky information sharing, with gender and age playing a significant role. This study also offers some suggestions for parents and policy-makers interested in the topic

Risk communication in the Internet Age: Parental challenges in monitoring the Internet use of adolescents

Today\u27s experts encourage serious conversations between parents and children about the risks of online activities, including sexual predators, identity theft, and bullying. This study gathers qualitative data regarding effective communication strategies parents have adopted to alert and educate their adolescent children about personal safety risks online. To what extent do parents and children agree about house rules regarding Internet use? Are there discrepancies in these two parties\u27 views regarding what are unsafe and acceptable online habits? This study tests the tenets of social learning theory to discern the impact of parental modeling behaviors such as effective rule making and punishments. It also examined the extent to which parent and child views are congruent and are in agreement over Internet use rules and practices at home. To gather data, ten mother-adolescent child dyads were interviewed face-to-face. The participants report a number of Internet safety practices at home. These include large doses of anecdotes and lessons from parents, the integration of lesson learned from public school programs into house rules, and parental access to children\u27s online accounts. Parents also report using filtering and blocking software, setting children\u27s online accounts for maximum privacy, acting as friends on social networking sites, and children\u27s participation in extra-curricular activities. Suggestions to improve parental monitoring practices are offered

Civic Engagement and Internet Use in Cache Valley

Internet technology has provided tools for communication only dreamed of decades ago. This technology, coupled with civic engagement, has the power to influence local legislation in powerful ways. In this project, I conducted interviews and focus groups to find out how citizens of Cache County, Utah, are using the Internet to engage in civic affairs affecting local legislation. Interviewees were also asked what aspects of a community website would likely enhance their civic activity. It was found that people primarily use the Internet to access information and send email. Suggestions for enhancing engagement included more creative, and interactive ways of using the Internet. The project culminated in a rudimentary website implementing the information gleaned from interviews

Consumer Scams and the Elderly: Preserving Independence through Shifting Default Rules

Modern technology has made it easier than ever for scammers, legitimate businesses with dubious intentions, and even charities to take advantage of telemarketing. For reasons including reduced mental faculties and loneliness, the elderly are increasingly at risk for losing money, credit, and ultimately independence to those who would exploit them. In this Article, Professor Martin explores the benefits of existing regulations, bankruptcy, and reverse mortgages as solutions to these problems. Professor Martin also recommends a new default rule for elderly consumers: no solicitations unless the consumer opts in