Author Archive | David Ardia

A UNC Student’s Summer Experience at the Foundation for Individual Rights in Education

By on April 26, 2022 in Center for Media Law and Policy, First Amendment

Each summer, the Center for Media Law and Policy provides financial support through its summer grants program to UNC law and graduate students taking unpaid or low-paying jobs in the fields of media law or media policy. The comments below are from Isabela Palmieri, a dual degree JD/MA student at the UNC School of Law and UNC Hussman School of Journalism and Media, who interned at the Foundation for Individual Rights in Education (FIRE) in summer 2019 and received one of the Center’s grants:

In the summer of 2019, I had the opportunity to work for the Foundation for Individual Rights in Education. FIRE’s mission is to defend and sustain the individual rights of students and faculty members at America’s colleges and universities. These rights include freedom of speech, freedom of association, due process, legal equality, religious liberty, and sanctity of conscience—the essential qualities of liberty. FIRE educates students, faculty, alumni, trustees, and the public about the threats to these rights on our campuses, and provides the means to preserve them.  It was founded in 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate.

While there, I researched and drafted memoranda on legal issues regarding free speech and due process in higher education. I also aided the Individual Rights Defense Program (IRDP) team in writing and editing legal correspondence to individual students, professors, and campus groups whose fundamental civil liberties had been violated. As one of my biggest projects, I drafted a model policy for universities that provided a constitutional and viewpoint-neutral process for the allocation of student fees.

The Center’s grant allowed me to spend the summer in Philadelphia and have an enriching experience at FIRE protecting students’ free speech rights.

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2022 Summer Grants for UNC Law and Graduate Students Working in Media Law and Policy

By on April 13, 2022 in Center for Media Law and Policy

summer-job-pictureAre you a Carolina student interested in pursuing a career in media law or policy?  Are you worried that you won’t be able to take that summer job in Atlanta, Los Angeles, New York, or Washington, because it’s just too expensive to live there?  Or perhaps you’ll be working remotely from Chapel Hill (or elsewhere) and the job doesn’t pay very much?

Well, the Center for Media Law and Policy is here to help.  The Center’s summer grants program provides funds to UNC law and graduate students taking unpaid or low-paying jobs in the fields of media law or media policy. In past years, UNC students have received a summer grant to support their work at a wide range of organizations, including the Federal Communications Commission, Federal Trade Commission, National Public Radio, Electronic Frontier Foundation, Foundation for Individual Rights in Education (FIRE), Future of Privacy Forum, Student Press Law Center, Broadway Video Group, Screen Media Ventures, American Civil Liberties Union of Northern California, and Berkman Klein Center for Internet & Society.

Wait, you don’t have a summer job yet?!  Head over to our media law and policy Jobs Center, where you will find dozens of summer (and post-graduate) employment opportunities. You can easily find the perfect job for you by using our advanced search feature to search by location, keyword, or practice area.  Also, try browsing by job type or category for a more expansive look at the jobs listed. Still not sure what you want to do for the summer?  You can read about the summer experiences of your fellow students on the Center’s blog.

Requirements and Information on How to Apply for a Summer Grant

You must be a UNC law student or graduate student to apply. You will need to download the application form and send it directly to us at medialaw [at] unc.edu along with the other supporting material described below. Please put “Summer Grant Application” in the subject. The deadline for applying for a summer grant is April 30, 2022.

Law students who applied through the law school’s Summer Public Interest Grant Program are also eligible for a Center grant. You do not need to apply to the Center separately. Simply check the box on the general application for “Media Law or Policy” under the heading “Substantive Areas Your Summer Employment Will Involve” and you will be automatically considered for Center funds in addition to the law school grant.

Applications will be evaluated based on (a) your demonstrated commitment to working in the areas of media law or policy (this covers a wide range of subjects, including intellectual property law, privacy law, entertainment law, communications law, and First Amendment law), and (b) the quality of your essays (each essay should not be more than 500 words).

Required documents include:

  1. Resume (without grade information)
  2. Offer letter from your employer
  3. Essays (no more than 500 words each) *

* Essay questions:

  • Essay #1: Describe your work responsibilities and how they relate to media law or media policy.
  • Essay #2: Describe your commitment to public service. How have your past interests and work experiences contributed to your proposed summer internship responsibilities?
  • Essay #3: How do you see this summer work experience contributing to your long-term career goals?

Be sure to check out these Tips for Writing a Strong Grant Application. You will be notified of a decision by the end of May.

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Media Law and IP Sessions at the UNC Festival of Legal Learning

By on February 1, 2022 in Center for Media Law and Policy

One of the biggest annual events at the UNC School of Law is the Festival of Legal Learning. This year’s multi-day convocation of legal geekery comprises 28 different continuing legal education (CLE) sessions over four days. For the past few years, the Center for Media Law and Policy has helped with the selection and coordination of sessions that cover Media Law and Intellectual Property subjects.

This year’s festival, which takes place on February 1-4, 2022 will be entirely remote, so you can kick back at home and partake in one of the best CLE programs in the country.  Although the festival is much smaller this year, there are at least 5 sessions that touch on media law and IP topics, ranging from trademark law to a retrospective look at U.S. Supreme Court’s 2021 Term. And the list of speakers is a who’s who of the top media and IP lawyers in the state. You can see a list of these folks and descriptions of their sessions on the law school’s event page.

Here are just a few of the sessions available at the festival this year:

Tuesday, Feb. 1

  • 1:15 PM  –  2:15 PM: Trademark Lessons from the Last Breakfast with Aunt Jemima 

Wednesday, Feb. 2

  • 1:15PM  –  2:15 PM: Federal Privacy Law Developments Highlights Since 2020
  • 2:30 PM  –  3:30 PM: Student-Athlete NIL Market is Open: What Do Attorneys Need to Know?
  • 3:45 PM  –  4:45 PM: U.S. Supreme Court’s 2021 Term

Thursday, Feb. 3

  • 1:15 PM  –  2:15 PM: The State of the News Media

Friday, Feb. 4

  • 3:45 PM  –  4:45 PM: A View from the Bench: Reflections of a New Federal District Court Judge (with Judge Richard Myers)

You will not want to miss the session on the U.S. Supreme Court’s 2021 Term, which includes Adam Liptak from the New York Times; Mary-Rose Papandrea, Samuel Ashe Distinguished Professor of Constitutional Law at the UNC School of Law; Andy Hessick, Judge John J. Parker Distinguished Professor of Law at the UNC School of Law; Osamudia James, Professor of Law at the UNC School of Law; and Alli Larsen, Professor of Law and Director, Institute of the Bill of Rights Law at William & Mary Law School.

To register for the Festival, please visit their registration page.

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Amanda Reid Joins Media Law Center as New Faculty Co-Director

By on September 21, 2021 in Center for Media Law and Policy

I’m thrilled to announce that Amanda Reid has joined the UNC Center for Media Law and Policy as faculty co-director of the Center.  Amanda is an associate professor at the UNC Hussman School of Journalism and Media and holds a secondary appointment at the UNC School of Law. She is replacing Tori Ekstrand, who served as the Center’s faculty co-director from 2018-2020. Tori has moved into a new role as the Caroline H. and Thomas S. Royster Distinguished Professor for Graduate Education at UNC-Chapel Hill.

Amanda’s research is anchored around the First Amendment. She analyzes the freedoms and limitations imposed on meaning-making processes, including how substantive laws and procedural rules impact—both positively and negatively—our ability to encode and decode meaning.  Her scholarly inquiries range from the free speech implications of copyright regulation of Internet radio to the visual presentation of roadside memorial crosses and the separation of church and state.

Amanda, who earned a Ph.D. and J.D. from the University of Florida, has long contributed to the work of the Center by assisting with our M.A./J.D. and Ph.D./J.D. dual-degree programs in media law. With her training in both journalism and law, Amanda is uniquely well-suited to help grow the dual-degree program and assist in our ongoing work producing interdisciplinary research and scholarship examining how media law and policy can help traditional and new media meet the information needs of all Americans.

“I look forward to working with my brilliant colleagues and terrific students to host important conversations,” Amanda told me. “This is a vital moment to facilitate meaningful discussions about our First Amendment values.”

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State Regulation of Election-Related Speech in the U.S.: An Overview and Comparative Analysis

By on August 5, 2021 in Center for Media Law and Policy, First Amendment, Internet

I’m excited to announce that the UNC Center for Media Law and Policy, in partnership with the Center for Information, Technology, and Public Life (CITAP), just published a research report titled State Regulation of Election-Related Speech in the U.S.: An Overview and Comparative Analysis.

The report presents a comprehensive analysis of state efforts to regulate the content of election-related speech and is part of an ongoing multi-method research project focused on how platforms and digital media are changing electoral politics. It extends and builds on a report the Center published with CITAP in September 2020, Regulating the Political Wild West: State Efforts to Disclose Sources of Online Political Advertising, that examined disclosure and recordkeeping regulations for online political advertising.

You might be thinking, given the extent of misinformation associated with the last election, that there are no laws against lying in politics. It turns out that the opposite is true. Although the federal government has largely stayed out of regulating the content of election-related speech, the states have been surprisingly active in passing laws that prohibit false statements associated with elections. By our count, forty-eight states and the District of Columbia have such laws!

For this report, we reviewed more than 125 state statutes that regulate the content of election-related speech. These laws take one of two basic forms: statutes that directly target the content of election-related speech, and generally applicable statutes that indirectly implicate election-related speech by prohibiting intimidation or fraud associated with an election.

What we found is that these election-speech statutes deviate significantly from longstanding theories of liability for false speech. First, the statutes cover a broader range of speech than has traditionally been subject to government restriction: the statutes cover everything from merely derogatory statements about candidates (defamation requires false statements that create a degree of moral opprobrium) to false information about ballot measures, voting procedures, and incumbency. Second, a substantial number of the statutes impose liability regardless of whether the speaker knew the information was false or acted negligently.

Obviously, many of the statutes could be subject to significant First Amendment challenges.  For purposes of this report, however, we have not made any assessment as to whether specific statutes are constitutional. We’ll be doing that examination in a later phase of this project.

To aid in the analysis and comparison of the statutes, we created a multi-level taxonomy of the types of speech the statutes target and cataloged which states have statutes that fall within each category. In the appendix, we provide a summary for each state that outlines the relevant statutory provisions and provides a brief description of the restrictions the statutes impose as well as the types of speakers to which they apply.

Political speech has long been viewed as residing at the core of the First Amendment’s protections for speech. Yet it has become increasingly clear that lies and other forms of misinformation associated with elections are corrosive to democracy. Regardless of whether individual statutes survive First Amendment scrutiny, it is useful to examine the breadth and depth of state efforts to deal with lies, misinformation, intimidation, and fraud in elections. The surprising number of statutes already on the books clearly demonstrate that state legislatures see a problem that needs to be addressed. Moreover, apart from government efforts to impose civil and criminal liability for election-related speech, these statutes (and the taxonomy we describe in this report) can be useful to social media platforms and other intermediaries that facilitate election-related speech. If nothing else, the statutes provide a partial roadmap for identifying the types of speech – and election harms – that may warrant intervention.

The report and associated research is now up on the CITAP Digital Politics site, which includes pages for every state that outlines the relevant statutory provisions and provides a brief description of the restrictions the statutes impose as well as the types of speakers to which they apply (you can also download the report itself from SSRN).

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