Case Disclosed

The First Challenge To FOSTA Was Dismissed — Along With The First Amendment’s Unique Standing Doctrine

December 27, 2018
By Anna Windemuth '20

A few months ago, the Electronic Frontier Foundation (EFF) sued the government on First and Fifth Amendment grounds for enacting the Allow States and Victims to Fight Online Sex Trafficking Act.

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Twenty-First Century First Amendment: Public Forums in the Digital Age

October 29, 2018
By Isabel Farhi '19

In 2017, the Supreme Court recognized in Packingham v. North Carolina that “[w]hile in the past there may have been difficulty in identifying the most important places (in a spatial sense) for the exchange of views, today the answer is clear. It is cyberspace . . . and social media in particular.”

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Charging Bull and Fearless Girl: Conflict between Artists’ Rights and First Amendment Freedoms

June 18, 2018
By Shannon Price '20

When Kristen Visbel’s “Fearless Girl” was installed at Bowling Green in Manhattan’s Financial District in March of 2017, the statue was hailed by many as an iconic representation of female empowerment. Placed in the path of Wall Street’s famous “Charging Bull,” “Fearless Girl” stares down the massive animal with shoulders back and pigtails flying.

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When Silence Isn’t Golden: How Gag Orders Can Evade First Amendment Protections

October 24, 2017
By Isabel Farhi

Trials must be conducted at law, rather than in the press, and courts sometimes feel the need to assert control of the outflow of information around judicial matters to preserve the fair trial rights of litigants.

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