First Amendment (Un)Exceptionalism: A Comparative Taxonomy of Campaign Finance Reform Proposals in the United States and United Kingdom

There is an urgent conversation happening among the world’s democracies about how to respond to the combined threat of online electioneering and foreign interference in domestic elections. Despite the shadow such activities cast over the 2016 presidential election in the United States, the US has been largely absent from comparative discussions about how to tackle the problem. This is not just because of a recalcitrant president. The assumption that America’s “First Amendment Exceptionalism” – the idea that American freedom of expression law is simply too much of an outlier to warrant useful comparative consideration – is strong on both sides of the Atlantic. This is especially true in regard to the regulation of political campaigns.This article challenges that assumption, and argues that America’s more libertarian approach to the legal regulation of political speech does not pose a barrier to fruitful comparative work in this area. It does so by comparing the law of the US to that of the UK. Specifically, it organizes reform proposals being considered in the US and UK into a common taxonomy, and sets out the legal standard governing each type of proposal in each country. Considering each country’s law through this organizational structure allows us to see that the legal differences between the US and UK, while significant, rarely bar the types of changes being considered in either nation. Indeed, the two countries have much to learn from each other’s efforts in this area, and lawmakers, regulators, and scholars should not hesitate to engage with the experiences of their transatlantic peers.In reaching this conclusion, the paper makes three distinct contributions. First, by clustering reform proposals into a taxonomy, it provides a structure for comparative work that will be useful not just in the US and UK, but in all countries working to bring their election laws fully into the internet era. Second, by providing an in-depth yet accessible guide to the legal structures undergirding election law in the US and UK, it provides a useful tool for scholars attempting to understand these systems. The US system in particular is often quickly dismissed by other nations, but without a deeper understanding of how and why US law has ended up as it has those nations risk inadvertently following in its footsteps. Finally, it identifies several concrete areas where the US and UK can benefit from each other’s expertise, thereby providing a roadmap for regulators, lawmakers, and reform advocates in both countries

Truth, Lies, and Stolen Valor: A Case For Protecting False Statements of Fact Under the First Amendment

The Stolen Valor Act of 2005 (the Act) makes it a crime to lie about having received a medal authorized by Congress for the military. In 2010, in United States v. Alvarez, the Ninth Circuit found the Act unconstitutional under the First Amendment, holding that false statements of fact, like other content-based restrictions on speech, are subject to strict scrutiny. The Act failed this test because, according to the court, it was not narrowly tailored to serve a compelling government interest. The decision highlights the uncertainty of First Amendment protections for false speech. Though the Supreme Court has held that certain categories of false speech— such as fraud and defamation—are proscribable, it has not ruled directly on a case in which false speech had been barred without respect to context, intent, or harm. This Note argues that false speech should be presumptively protected by the First Amendment, with exceptions for certain classes of speech that result in concrete harm to individuals. Such protection would limit government control of speech, avoid chilling worthy speech, promote privacy and autonomy, and result in easier administration for courts

Vortex of the Web. Potentials of the online environment

This volume compiles international contributions that explore the potential risks and chances coming along with the wide-scale migration of society into digital space. Suggesting a shift of paradigm from Spiral of Silence to Nexus of Noise, the opening chapter provides an overview on systematic approaches and mechanisms of manipulation – ranging from populist political players to Cambridge Analytica. After a discussion of the the juxtaposition effects of social media use on social environments, the efficient instrumentalization of Twitter by Turkish politicans in the course of the US-decision to recognize Jerusalem as Israel’s capital is being analyzed. Following a case study of Instagram, Black Lives Matter and racism is a research about the impact of online pornography on the academic performance of university students. Another chapter is pointing out the potential of online tools for the successful relaunch of shadow brands. The closing section of the book deals with the role of social media on the opinion formation about the Euromaidan movement during the Ukrainian revolution and offers a comparative study touching on Russian and Western depictions of political documentaries in the 2000s

Law and Policy in the Age of the Internet

Technological knowledge is of many different kinds, from experience-based know-how in the crafts to science-based knowledge in modern engineering. It is inherently oriented towards being useful in technological activities, such as manufacturing and engineering design. The purpose of this thesis is to highlight special characteristics of technological knowledge and how these affect how technology should be taught in school. It consists of an introduction, a summary in Swedish, and five papers: Paper I is about rules of thumb, which are simple instructions, used to guide actions toward a specific result, without need of advanced knowledge. One off the major advantages of rules of thumb is the ease with which they can be learnt. One of their major disadvantages is that they cannot easily be adjusted to new situations or conditions. Paper II describes how Gilbert Ryle's distinction between knowing how and knowing that is applicable in the technological domain. Knowing how and knowing that are commonly used together, but there are important differences between them which motivate why they should be regarded as different types: they are learnt in different ways, justified in different ways, and knowing that is susceptible to Gettier type problems which technological knowing how is not. Paper III is based on a survey about how Swedish technology teachers understand the concept of technological knowledge. Their opinions show an extensive variation, and they have no common terminology for describing the knowledge. Paper IV deals with non-scientific models that are commonly used by engineers, based on for example folk theories or obsolete science. These should be included in technology education if it is to resemble real technology. Different, and partly contradictory, epistemological frameworks must be used in different school subjects. This leads to major pedagogical challenges, but also to opportunities to clarify the differences between technology and the natural sciences and between models and reality. Paper V is about explanation, prediction, and the use of models in technology education. Explanations and models in technology differ from those in the natural sciences in that they have to include users' actions and intentions.QC 20140512</p

Reinventing Media Activism: Public Interest Advocacy in the Making of U.S. Communication-Information Policy, 1960-2002

This report is a long-term analysis of citizens' collective action to influence public policy toward communication and information. The work discusses in greater detail what is meant by communication and information policy (CIP) and why we think it is worthwhile to study it as a distinctive domain of public policy and citizen action. The report concentrates on citizen action in the United States and looks backwards, tracing the long-term evolutionary trajectory of communications-information advocacy in the USA since the 1960s. We focus on the concept of citizen collective action and explain its relevance to CIP.Research supported by the Ford Foundation's Knowledge, Creativity and Freedom Program. The views expressed are those of the author and do not necessarily represent the views of the School of Information Studies, Syracuse University, or the Ford Foundation

Algorithmic Jim Crow

This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the “separate but equal” discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the back end. In contrast, an Algorithmic Jim Crow regime allows for “equal but separate” discrimination. Under Algorithmic Jim Crow, equal vetting and database screening of all citizens and noncitizens will make it appear that fairness and equality principles are preserved on the front end. Algorithmic Jim Crow, however, will enable discrimination on the back end in the form of designing, interpreting, and acting upon vetting and screening systems in ways that result in a disparate impact