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UNC Students Presenting Research at AEJMC Southeast Colloquium

By on February 28, 2013 in Copyright, First Amendment, Internet, Journalism, Privacy

UNC School of Journalism and Mass Communication graduate students will present 13 research papers at the AEJMC Southeast Colloquium in Tampa this week. Ph.D. student Liz Woolery, who works in our media law center, will present two papers, one of which won third place in the Law and Policy Division. Both of Liz’s papers are about the rights of journalists and others to gather news.

For this conference, papers go through a process of blind review, and then the best papers are selected to be presented at the conference. Faculty and student authors compete against one another.

This will be the first academic conference for most of the students, but they’re ready. They have polished their papers and rehearsed their presentations.

 

Accepted Law and Policy Division papers include:

“Documenting Fair Use: Has the Statement of Best Practices Loosened the Fair Use Reins for Documentary Filmmakers?” — Jesse Abdenour, first-year doctoral student

“The Advertising Regulation ‘Green Zone’: Analyzing Parallels of Commercial Speech Jurisprudence As It Might Apply to the Growing Issue of Medicinal Marijuana Advertising, Using the Denver Advertising Ban as an

Illustrative Example” — Joseph Cabosky, first-year doctoral student

“Hazelwood’s Footnote Seven” — Ryan N. Comfort, first-year master’s student

“Consumer Protection Challenges on the Social Web: How the FTC Regulates Consumer-Generated Media as Endorsements and Testimonials in Advertising” — Emily A. Graban, first-year master’s student

“Abortion Informed Consent Laws: How Have Courts Considered First Amendment Challenges?” — Jaya Mathur, first-year master’s student

“How the FTC Has Enforced Its Deception Jurisdiction in Cases Involving an Ill, and Therefore, Vulnerable Audience” — Emery Rogers, first-year master’s student

“A Decade of True Threats Decisions Since Virginia v. Black: The Digital Age Demands Supreme Court Attention to True Threats Definition and Doctrine” — Lynn Marshele Waddell, first-year master’s student

“The Press, the Public, and Capital Punishment: California First Amendment Coalition and the Development of a First Amendment Right to Witness Executions” — Elizabeth Woolery, second-year doctoral student

“When News(Gathering) Isn’t Enough: The Right to Gather Information in Public Places” — Elizabeth Woolery, second-year doctoral student

 

Accepted Newspaper and Online Division papers include:

“Three Days a Week: Has a New Production Cycle Altered The Times-Picayune’s News Coverage?” — David Bockino, first-year doctoral student

 

Accepted Open Division papers include:

“The Creepiness Factor: Explaining Conflicting Audience Attitudes toward Tailored Media Content” — Lisa Barnard, second-year doctoral student

“What Motivates People to Pass on Anti-brand Rumors Online?” — Hyosun Kim, second-year doctoral student

“What Sports Journalists Need to Know: Four Areas of Student-athlete Privacy Invasion” — Sada Reed, first-year doctoral student

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Freedom of Speech, Defamation, and Injunctions

By on February 18, 2013 in Defamation, Internet

As part of the Mary Junck Research Colloquium series, UNC Law Professor David Ardia will give a talk entitled “Freedom of Speech, Defamation, and Injunctions.” He will discuss his research on two centuries of case law surrounding injunctions in defamation cases, and the recent increase in court-ordered injunctions directed at defamatory speech, particularly speech on the Internet.

David  is an assistant professor at the UNC School of Law and a faculty associate at the Berkman Center for Internet & Society at Harvard Law School.  He also holds a secondary appointment as an assistant professor at the UNC School of Journalism and Mass Communication and is the faculty co-director of the UNC Center for Media Law and Policy.  Before joining the UNC faculty, he founded and directed the Berkman Center’s Digital Media Law Project.

The presentation will be on Thursday, February 21 from 2 p.m. to 3:15 p.m. in the Halls of Fame Room on the first floor of Carroll Hall.   The event is free and open to the public.

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Employment Opportunities at Harvard’s Berkman Center for Internet & Society

By on February 2, 2013 in Internet, Privacy

berkmanIf you are a lawyer (or law student) looking for a chance to learn about Internet Law, Privacy, Copyright etc., you can’t do better than to spend some time at Harvard’s Berkman Center for Internet & Society (full disclaimer: I spent 5 years there myself). If you don’t believe me, read Tabitha Messick’s account of  her internship at Berkman last summer.  For those you looking for that kind of experience, I’ve got two announcements to pass along.

First, they are looking for a full-time legal fellow to join the Berkman Center’s Privacy Tools for Sharing Research Data Project:

This project is a collaboration with Harvard’s Center for Research on Computation and Society (CRCS) and the Institute for Quantitative Social Science (IQSS), generously funded by National Science Foundation.  It aims to develop computational and legal methods, tools, and policies to further the tremendous value can can come from collecting, analyzing, and sharing data while more fully protecting individual privacy.

The fellowship is a great opportunity for experienced legal practitioners who want to serve the public interest, transition to academic pursuits, or work in an intellectually invigorating environment.  The fellow’s primary responsibilities are to provide managerial support and substantive contributions to the Berkman Center’s role project, including but not limited to:

  • working closely with faculty from the Berkman Center to coordinate, oversee, and conduct legal research, written project outputs, and publications;
  • cultivating and supporting relationships between faculty and other experts in law, social science, applied mathematics, computer science, and other fields to understand non-legal substantive issues and objectives, assess needs and capabilities, and collaboratively develop new legal instruments (e.g., contractual agreements, policies, and procedures) to meet the project’s broader goals;
  • planning, communicating, and implementing privacy-related workshops and convenings;
  • managing the selection, oversight, and mentorship of student interns and research assistants;
  • developing plans and timelines to advance project priorities and meet deadlines; and
  • providing additional project support.

In order to most fully and efficiently carry out his or her duties, the candidate will attend workshops and conferences at the Center and at Harvard Law School, and will have frequent opportunities to expand his/her knowledge of technology and law.

More information about the position and the application process is below and at http://cyber.law.harvard.edu/getinvolved/fellowships/privacy.

Second, applications are now open for the 2013 summer internship program, which provides an opportunity to work on a more than a dozen “awesome” projects.  If you want to know more about what it’s like to be a law student at Berkman, read Tabitha’s blog post: A UNC Student’s Summer Experience in Media Law.  Act fast, however, as applications are due on Sunday, February 10, 2013 at 11:59 p.m. ET.

 

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Hazelwood: Some Remaining Questions

By on November 12, 2012 in First Amendment, Internet

As our great keynote speaker, panelists, and audience members discussed the 25-year history of Hazelwood v. Kuhlmeier last week, it became clear that there still is scholarly work that needs to be done in this important area of law.  Here are a few of the interesting questions raised at the conference:

What are the connections between school culture, student free expression, and civic engagement?

Are public school journalism programs being cut due to overall budget cuts?

What are the academic backgrounds of school media advisers, and do they matter?  Is a media adviser with a background in the humanities more likely to support student free expression than an adviser with a background in math or science? One audience member asked whether social studies teachers, who should care about civic engagement, should work with student journalists. Another person observed that teachers too often don’t work outside their subject-specific silos.

How are charter schools regulating the expressive activities of their students?  One of our panelists observed that charter schools are public schools that want to operate like private schools.  She said there are many examples of censorship by charter schools and of charter schools with no student media at all.  California has enacted a statute to prevent charter schools from denying their students’ constitutional rights.

What has been the impact of the nation’s political polarization on student free expression?

What, if anything, is left of Tinker?

What is online student speech, and what is offline student speech?  (Or, more eloquently, where is the schoolhouse gate?) How do and should courts differentiate between the two?

Keynote speaker Erwin Chemerinsky said the Supreme Court treats schools as authoritarian institutions – like prisons.  To what extent is the Court correct?  What does that mean for student free expression?

If you have other questions to share, please post a comment.  Thanks for the great conference, everyone!

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Best New Internet Law Books?

By on October 31, 2012 in Copyright, First Amendment, Internet, Privacy

Each fall I informally survey my media law colleagues and former Ph.D. students in search of great, new books to assign for my Internet law class.  The class is a mix of UNC School of Journalism and Mass Communication undergraduates who already have completed a basic media law class and graduate students.  I’m looking for books that are focused on law and policy issues and that are enjoyable to read.  The latter criterion is important because I’m trying to show students how much fun it can be to study law, especially Internet law.

These are the books reported in this fall’s survey that might fit my criteria, although I haven’t yet looked at them closely enough to assess whether they will be enjoyable to read.

  • Hector Postigo, The Digital Rights Movement: The Role of Technology in Subverting Digital Copyright (2012).
  • Robert Levine, Free Ride: How Digital Parasites Are Destroying the Culture Business, and How the Culture Business Can Fight Back (2012).
  • Kembrew McLeod and Peter DiCola, Creative License:  The Law and Culture of Digital Sampling (2011).
  • Rebecca MacKinnon, Consent of the Networked: The Worldwide Struggle for Internet Freedom (2012).

This is a book that was suggested that sounds good but probably doesn’t have enough law for my purposes:

  • Lee Rainie and Barry Wellman, Networked:  The New Social Operating System (2012).

These are the books I assigned last year:

  • Jack Goldsmith and Tim Wu, Who Controls the Internet?  Illusions of a Borderless World (2006). (This is getting dated but provides valuable background on a number of issues.)
  • Lawrence Lessig, Free Culture:  The Nature and Future of Creativity (2004). (When my student read this they begin to get excited about studying law.)
  • Daniel J. Solove, The Future of Reputation: Gossip, Rumor and Privacy on the Internet (2007).
  • Siva Vaidhyanathan, The Googlization of Everything (2011).

I also have used these books in the past, with good results:

  • Dawn C. Nunziato, Virtual Freedom:  Net Neutrality and Free Speech in the Internet Age (2009).
  • Lawrence Lessig, Remix:  Making Art and Commerce Thrive in the Hybrid Economy (2008).

Does anyone have any additional suggestions?  Any comments on these books?  Thanks!

 

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