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The First Amendment, the Public-Private Distinction, and Nongovernmental Suppression of Wartime Political Debate Gregory P
Working Paper Series Villanova University Charles Widger School of Law Year 2004 The First Amendment, The Public-Private Distinction, and Nongovernmental Suppression of Wartime Political Debate Gregory P. Magarian Villanova University School of Law, [email protected] This paper is posted at Villanova University Charles Widger School of Law Digital Repository. http://digitalcommons.law.villanova.edu/wps/art6 THE FIRST AMENDMENT, THE PUBLIC -PRIVA TE DISTINCTION, AND NONGOVERNMENTAL SUPPRESSION OF WARTIME POLITICAL DEBATE 1 BY GREGORY P. MAGARIAN DRAFT 5-12-04 TABLE OF CONTENTS INTRODUCTION ......................................................................................... 1 I. CONFRONTING NONGOVERNMENTAL CENSORSHIP OF POLITICAL DEBATE IN WARTIME .................. 5 A. The Value and Vulnerability of Wartime Political Debate ........................................................................... 5 1. The Historical Vulnerability of Wartime Political Debate to Nongovernmental Suppression ....................................................................... 5 2. The Public Rights Theory of Expressive Freedom and the Necessity of Robust Political Debate for Democratic Self -Government........................ 11 B. Nongovernmental Censorship of Political Speech During the “War on Terrorism” ............................................... 18 1. Misinformation and Suppression of Information by News Media ............................................ 19 2. Exclusions of Political Speakers from Privately Owned Public Spaces. -
Trolling & the First Amendment
TROLLING & THE FIRST AMENDMENT: PROTECTING INTERNET SPEECH IN THE ERA OF CYBERBULLIES & INTERNET DEFAMATION Fernando L. Diaz TABLE OF CONTENTS I. Introduction ......................................................................................... 136 II. Background ......................................................................................... 139 A. Levels of Scrutiny as Applied to Different Types of Speech ...... 139 B. The Supreme Court’s Protection of Anonymous Speech in Traditional Forums ...................................................................... 140 III. Analysis ............................................................................................... 143 A. Using Elonis v. United States as a Case Study in Consideration of the Incompatibility of Traditional First Amendment Jurisprudence with Internet Speech. ...................... 143 B. Court Decisions Regarding Anonymous Speech on the Internet ................................................................................... 147 C. Legislative Overreach .................................................................. 154 IV. Recommendation ................................................................................ 156 V. Conclusion .......................................................................................... 158 “Just as the strength of the Internet is chaos, so the strength of our liberty depends upon the chaos and cacophony of the unfettered speech the First Amendment protects.”1 - Judge Dalzell Fernando L. Diaz has a B.A., -
``At the End of the Day Facebook Does What It Wants'': How Users
“At the End of the Day Facebook Does What It Wants”: How Users Experience Contesting Algorithmic Content Moderation KRISTEN VACCARO, University of Illinois Urbana-Champaign CHRISTIAN SANDVIG, University of Michigan KARRIE KARAHALIOS, University of Illinois Urbana-Champaign Interest has grown in designing algorithmic decision making systems for contestability. In this work, we study how users experience contesting unfavorable social media content moderation decisions. A large-scale online experiment tests whether different forms of appeals can improve users’ experiences of automated decision making. We study the impact on users’ perceptions of the Fairness, Accountability, and Trustworthiness of algorithmic decisions, as well as their feelings of Control (FACT). Surprisingly, we find that none of the appeal designs improve FACT perceptions compared to a no appeal baseline. We qualitatively analyze how users write appeals, and find that they contest the decision itself, but also more fundamental issues like thegoalof moderating content, the idea of automation, and the inconsistency of the system as a whole. We conclude with suggestions for – as well as a discussion of the challenges of – designing for contestability. CCS Concepts: • Human-centered computing → Human computer interaction (HCI); Social media. Additional Key Words and Phrases: content moderation; algorithmic experience ACM Reference Format: Kristen Vaccaro, Christian Sandvig, and Karrie Karahalios. 2020. “At the End of the Day Facebook Does What It Wants”: How Users Experience Contesting Algorithmic Content Moderation. Proc. ACM Hum.-Comput. Interact. 4, CSCW2, Article 167 (October 2020), 22 pages. https://doi.org/10.1145/3415238 1 INTRODUCTION As algorithmic decision making systems become both more prevalent and more visible, interest has grown in how to design them to be trustworthy, understandable and fair. -
Newsletter 20 3 V2.Indd
Newsletter of The Independent Institute Volume 20, Number 3 Fall 2010 Can We Finally Give Free Markets a Chance? by Mary L. G. Theroux* theory of “market failure” worse schools with fewer graduates, at a massively is widely touted as the higher cost. The Department of Defense’s failure cause of our current econom- to provide for the common defense resulted only in ic woes, despite the theory’s the addition of more bureaucracy in the form of the own failure and the inherent Department of Homeland shortcomings of its various in- Security. And, most recently, carnations, as revealed in the we have the inept response Independent Institute’s book, Market Failure or of the Environmental Pro- Success. Rather, systemic government tection Agency—tasked by failure is the far more consistent expla- law since 1994 to plan for nation for disasters such as the 2008 and be first responder to oil fi nancial crash, as detailed spills—and other federal in “Anatomy of a Train agencies to the BP blowout. Wreck: Causes of the Mort- And the list goes on. gage Meltdown”—a chap- Such continued acceptance of govern- ter in our recent book, ment failure must result from a false Housing America—which assumption that since government pro- shows the role of govern- vides a service now, government must be ment failure in creating the necessary for that service’s provision—i.e., these are fi nancial bubble that misdi- “public goods” that a market would not provide— rected resources into inher- or at least, not sufficiently—if government did not ently unsustainable activities. -
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Lawless: the secret rules that govern our digital lives (and why we need new digital constitutions that protect our rights) Submitted version. Forthcoming 2019 Cambridge University Press. Nicolas P. Suzor Table of Contents Part I: a lawless internet Chapter 1. The hidden rules of the internet ............................................................................................. 6 Process matters ....................................................................................................................................................... 12 Chapter 2. Who makes the rules?.......................................................................................................... 17 Whose values apply? ............................................................................................................................................... 22 The moderation process .......................................................................................................................................... 25 Bias and accountability ........................................................................................................................................... 28 Chapter 3. The internet’s abuse problem ............................................................................................... 41 Abuse reflects and reinforces systemic inequalities ................................................................................................ 50 Dealing with abuse needs the involvement of platforms ....................................................................................... -
Content Moderation
Robert Lewington (Twitch) & The Fair Play Alliance Executive Steering Committee April 2021 Being ‘Targeted’ about Content Moderation: Strategies for consistent, scalable and effective response to Disruption & Harm 1 Content Moderation: Best Practices for Targeted Reporting & reactive UGC Management At Scale March 2021 Abstract This document provides replicable best practice information on how to moderate User-Generated Content (UGC) in social applications or services (including digital media and video games). Its focus is on reactive moderation, a central component of the growing content moderation toolkit where a service provider responds to reports submitted by users of its service regarding UGC that may violate its Terms of Service. Specifically, the document explores and advocates for a ‘targeted’ approach to the creation of reporting mechanisms. This allows users to closely identify the specific infraction, utilise evidence of the infraction—access to which is facilitated as part of the design of the reporting process—enabling consistent content moderation at scale. Note, however, that we will also make passing-reference to pre, post and proactive (see Appendix A) moderation approaches. Specifics of how best to tailor these best practices to a particular application or service will differ based on various parameters, including: type of service (social media, video game etc.); type of media (text, image, audio, video etc.); sharing mechanism (feed/gallery, avatar, communication etc.); persistence (ephemeral vs. static/umutable) and others, and therefore this document should be considered a set of high-level instructive principles rather than prescriptive guidelines. Contents i. Background ii. The Content Moderation Flywheel ○ Community Guidelines/Code of Conduct ○ Targeted reporting ■ Context ○ Scalable Content Moderation ○ Education ○ Technology iii. -
Online Hate and Harmful Content
Online Hate and Harmful Content In times of ever-increasing changes in technology and online socio-cultural trends, there is a constant and pressing need for updated knowledge. This book provides the most up-to-date study of online hate speech and harms associated with the Internet. By presenting ground-breaking comparative research and intro- ducing new concepts such as Identity Bubble Reinforcement, it breaks new ground both empirically and theoretically. Sveinung Sandberg, Professor, University of Oslo Over the past few decades, various types of hate material have caused increasing concern. Today, the scope of hate is wider than ever, as easy and often-anonymous access to an enormous amount of online content has opened the Internet up to both use and abuse. By providing possibilities for inexpensive and instantaneous access without ties to geographic location or a user identification system, the Internet has permitted hate groups and individuals espousing hate to transmit their ideas to a worldwide audience. Online Hate and Harmful Content focuses on the role of potentially harmful online content, particularly among young people. This focus is explored through two approaches: first, the commonality of online hate through cross-national survey statistics. This includes a discussion of the various implications of online hate for young people in terms of, for example, subjective wellbeing, trust, self- image and social relationships. Second, the book examines theoretical frame- works from the fields of sociology, social psychology and criminology that are useful for understanding online behaviour and online victimisation. Limitations of past theory are assessed and complemented with a novel theoretical model linking past work to the online environment as it exists today. -
But[T]... the Federal Communications Commission Will Not Let
WLR45-2_QUALE_EIC2_SAC_12_16_08_CQ_FINAL_REVIEW 12/18/2008 11:35:12 AM HEAR AN [EXPLETIVE], THERE AN [EXPLETIVE], BUT[T] . THE FEDERAL COMMUNICATIONS COMMISSION WILL NOT LET YOU SAY AN [EXPLETIVE] COURTNEY LIVINGSTON QUALE∗ I. AN OVERVIEW Broadcast television and broadcast radio2 are integral parts of American society. So integral, in fact, that often these mediums are taken for granted. To many Americans, broadcast television and broadcast radio are one of the few free things left in life. Anyone who owns a ten dollar radio or a fifty dollar television can watch their favorite new episode of Grey’s Anatomy, Sixty Minutes, or Lost and listen to their favorite songs or commentary on KNRK, Z100, or NPR. Because broadcast television and broadcast radio are typically taken for granted, hardly anyone questions the conditions that a regulatory governmental agency places upon the organizations that ∗ J.D. Willamette University College of Law, May 2008; B.S. University of Miami, May 2005. I would like to thank those who not only have helped me with this article, but also those who have helped me reach this point in my life—a point at which my thoughts are of a publishable quality. I thank you all most kindly. From the University of Miami I want to thank Professors S.L. Harrison and Robert Stahr Hosmon, who initially cultivated any writing talent I may have. Also from Miami, I would like to thank Professors Cynthia Cordes and Danny Paskin, who have unabashedly encouraged me over years. From Willamette University College of Law I want to thank Professor Ed Harri and Rachael Rogers, again for helping me learn how to write, think, and analyze. -
Deeper Attention to Abusive User Content Moderation
Deeper Attention to Abusive User Content Moderation John Pavlopoulos Prodromos Malakasiotis Ion Androutsopoulos Straintek, Athens, Greece Straintek, Athens, Greece Athens University of Economics [email protected] [email protected] and Business, Greece [email protected] Abstract suffer from abusive user comments, which dam- age their reputations and make them liable to fines, Experimenting with a new dataset of 1.6M e.g., when hosting comments encouraging illegal user comments from a news portal and an actions. They often employ moderators, who are existing dataset of 115K Wikipedia talk frequently overwhelmed, however, by the volume page comments, we show that an RNN op- and abusiveness of comments.3 Readers are dis- erating on word embeddings outpeforms appointed when non-abusive comments do not ap- the previous state of the art in moderation, pear quickly online because of moderation delays. which used logistic regression or an MLP Smaller news portals may be unable to employ classifier with character or word n-grams. moderators, and some are forced to shut down We also compare against a CNN operat- their comments sections entirely. ing on word embeddings, and a word-list We examine how deep learning (Goodfellow baseline. A novel, deep, classification- et al., 2016; Goldberg, 2016, 2017) can be em- specific attention mechanism improves the ployed to moderate user comments. We experi- performance of the RNN further, and can ment with a new dataset of approx. 1.6M manually also highlight suspicious words for free, moderated (accepted or rejected) user comments without including highlighted words in the from a Greek sports news portal (called Gazzetta), training data. -
Heavy Metal Under Scrutiny: the Controversial Battle for the Protection of America’S Youth
Heavy Metal under Scrutiny: The Controversial Battle for the Protection of America’s Youth Master’s Thesis in North American Studies Leiden University Chrysanthi Papazoglou s1588419 Supervisor: Dr. Eduard van de Bilt 1 Contents Introduction ........................................................................................................... 2 Heavy Metal: Origins, Imagery and Values ......................................................... 6 The 1985 PMRC Senate Hearing & Aftermath .................................................. 20 Heavy Metal on Trial: The Cases of Ozzy Osbourne and Judas Priest .............. 41 Conclusion .......................................................................................................... 53 Bibliography ....................................................................................................... 57 2 Introduction During the 1980s, following the steady rise of neo-conservatism, several political and religious groups were formed to fight for what they deemed the loss of true American values. Among their targets was a music genre called heavy metal. Ever since its emergence, the genre met with serious opposition. Accused of promoting violence, suicide, drug and alcohol abuse and distorted images of sex, heavy metal music was considered a threat to the well-being of America’s youth. These accusations were major arguments in the 1980s religious conservatives’ crusade to establish family values. Trying to raise parents’ awareness of the music’s ostensible catastrophic effects on adolescents, -
The Symbolic Rape of Representation: a Rhetorical Analysis of Black Musical Expression on Billboard's Hot 100 Charts
THE SYMBOLIC RAPE OF REPRESENTATION: A RHETORICAL ANALYSIS OF BLACK MUSICAL EXPRESSION ON BILLBOARD'S HOT 100 CHARTS Richard Sheldon Koonce A Dissertation Submitted to the Graduate College of Bowling Green State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY December 2006 Committee: John Makay, Advisor William Coggin Graduate Faculty Representative Lynda Dee Dixon Radhika Gajjala ii ABSTRACT John J. Makay, Advisor The purpose of this study is to use rhetorical criticism as a means of examining how Blacks are depicted in the lyrics of popular songs, particularly hip-hop music. This study provides a rhetorical analysis of 40 popular songs on Billboard’s Hot 100 Singles Charts from 1999 to 2006. The songs were selected from the Billboard charts, which were accessible to me as a paid subscriber of Napster. The rhetorical analysis of these songs will be bolstered through the use of Black feminist/critical theories. This study will extend previous research regarding the rhetoric of song. It also will identify some of the shared themes in music produced by Blacks, particularly the genre commonly referred to as hip-hop music. This analysis builds upon the idea that the majority of hip-hop music produced and performed by Black recording artists reinforces racial stereotypes, and thus, hegemony. The study supports the concept of which bell hooks (1981) frequently refers to as white supremacist capitalist patriarchy and what Hill-Collins (2000) refers to as the hegemonic domain. The analysis also provides a framework for analyzing the themes of popular songs across genres. The genres ultimately are viewed through the gaze of race and gender because Black male recording artists perform the majority of hip-hop songs. -
Recommendations for the Facebook Content Review Board
STANFORD Policy Practicum: Creating a Social Media Oversight Board Recommendations for the Facebook Content Review Board 2018-19 PRACTICUM RESEARCH TEAM: Shaimaa BAKR, Ph.D. Electrical Engineering ‘20 Madeline MAGNUSON, J.D. ’20 Fernando BERDION-DEL VALLE, J.D. ’20 Shawn MUSGRAVE, J.D. ’21 Isabella GARCIA-CAMARGO, B.S.’20 Ashwin RAMASWAMI, B.S. ‘21 Julia GREENBERG, J.D. ’19 Nora TAN, B.S. ’19 Tara IYER, B.S.’19 Marlena WISNIAK, LL.M. ’19 Alejandra LYNBERG, J.D. ’19 Monica ZWOLINSKI, J.D. ’19 INSTRUCTORS: Paul BREST, Faculty Director, Law and Policy Lab Daniel HO, William Benjamin Scott and Luna M. Scott Professor of Law Nathaniel PERSILY, James B. McClatchy Professor of Law Rob REICH, Faculty Director, Center for Ethics in Society TEACHING ASSISTANT: Liza STARR, J.D./M.B.A. ’21 SPRING POLICY CLIENT: Project on Democracy and the Internet, Stanford Center on Philanthropy and Civil Society 2019 559 Nathan Abbot Way Stanford, CA https://law.stanford.edu/education/only-at-sls/law-policy-lab// Contents Executive Summary ....................................................................................3 Introduction ................................................................................................8 I. The Need for Governing Principles ..........................................................9 II. Structure and Membership ...................................................................10 A. Selection Process for Board Members ..............................................................10 B. Membership Criteria .............................................................................................12