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Muting Misinformation: Can Congress legislate a solution?

Mark Sableman August 24, 2020
Illustration of a figure with a TV head speaking through a megaphone, and someone changing the channel

In Part 3 of our series on political misinformation, we explore if new Internet legislation passed by governments could be used to prevent the spread of misinformation. READ MORE

With Illinois Supreme Court ruling, tech crimes meet constitutional arguments

Mark Sableman October 28, 2019
Illustration of man prying open a lock containing a cloud

In a case addressing the constitutionality of an Illinois statute covering intentional non-consensual dissemination of private sexual images, the state Supreme Court has shed light on how technology-based crimes may be addressed and litigated in an era where courts have little experience in addressing this type of crime. READ MORE

Can social media posts be tortious or criminal?

Mark Sableman August 27, 2018
Illustration of man yelling from phone

Drawing the line between protected speech and unprotected action is one of the oldest issues under the First Amendment. Recent cases involving social media postings are bringing the issue into the 21st century. READ MORE

Can you be sued for posting your opinions on the Internet?

Mark Sableman September 8, 2015

Most efforts to prevent or penalize Internet comments and criticism are crushed in the court of public opinion even before they reach the courthouse. READ MORE

Journalism still struggling with an Internet that never forgets

Mark Sableman May 7, 2014

Continued publication of old information, particularly as to private persons, raises some ethical concerns. READ MORE

Court strikes down Illinois eavesdropping act, opens debate on privacy in the digital age

Mark Sableman March 24, 2014
Twists_default blog

The two cases addressed by the Illinois court highlighted a major problem with strict-liability two-party consent eavesdropping laws — they criminalize citizen recordings of their interactions with police and other government officials. READ MORE

What’s the future of free speech protections for advertisements?

Mark Sableman November 8, 2013

Even as advertising starts to look more like journalism, there’s one thing that ads certainly share with news content: First Amendment protection. READ MORE

Free speech on Facebook: You can ‘like’ but you can't threaten

Mark Sableman September 26, 2013

Facebook communications have become the newest testing ground for free speech. And the results, at least from two recent and notable cases, affirm the unusual and perhaps counterintuitive way that U.S law looks at a key threshold question: What is speech? READ MORE