scholarly journals To Speak or Not to Speak: Developing Legal Standards for Anonymous Speech on the Internet

10.28945/2526 ◽  
2002 ◽  
Author(s):  
Tomas A. Lipinski
Keyword(s):  
United States ◽  
Service Providers ◽  
The United States ◽  
The Internet ◽  
Legal Standards ◽  
Potential Problems ◽  
Recent Developments ◽  
History Of ◽  
Education And Employment ◽  
The Impact

This paper explores recent developments in the regulation of Internet speech, in specific, injurious or defamatory speech and the impact such speech has on the rights of anonymous speakers to remain anonymous as opposed to having their identity revealed to plaintiffs or other third parties. The paper proceeds in four sections. First, a brief history of the legal attempts to regulate defamatory Internet speech in the United States is presented. As discussed below this regulation has altered the traditional legal paradigm of responsibility and as a result creates potential problems for the future of anonymous speech on the Internet. As a result plaintiffs are no longer pursuing litigation against service providers but taking their dispute directly to the anonymous speaker. Second, several cases have arisen in the United States where plaintiffs have requested the identity of the anonymous Internet speaker be revealed. These cases are surveyed. Third, the cases are analyzed in order to determine the factors that courts require to be present before the identity of an anonymous speaker will be revealed. The release is typically accomplished by the enforcement of a discovery subpoena issued by the moving party. The factors courts have used are as follows: jurisdiction, good faith (both internal and external), necessity (basic and sometimes absolute), and at times proprietary interest. Finally, these factors are applied in three scenarios—e-commerce, education, and employment—to guide institutions when adopting policies that regulate when the identity of an anonymous speaker— a customer, a student or an employee—would be released as part of an internal initiative, but would nonetheless be consistent with developing legal standards.

‘Y’all need to hide your kids, hide your wife’: Mobile applications, risk and sex offender databases

2016 ◽  
Vol 18 (11) ◽  
pp. 2469-2484 ◽  
Author(s):  
Sharif Mowlabocus
Keyword(s):  
United States ◽  
Sex Offenders ◽  
Mobile Applications ◽  
Sex Offender ◽  
The United States ◽  
Mobile Mapping ◽  
Recent Developments ◽  
History Of ◽  
The Impact ◽  
The Relationship

This article reflects upon recent developments in sex offender tracking and monitoring. Taking as its focus a suite of mobile applications available for use in the United States, the author explores the impact and consequences of remediating the data held by State offender databases. The article charts the recent history of techno-corrections as it applies to this category of criminal, before then undertaking an analysis of current remediation of this legally obtained data. In doing so, the author identifies how the recontextualizing of data serves to (re)negotiate the relationship between the user, the database and registered sex offenders. The author concludes by arguing that the (mobile) mapping of offender databases serves to obscure the original intentions of these recording mechanisms and might hinder their effectiveness in reducing sex offending.

Impact of the 2020 crises on the arts and culture in the United States: The effect of COVID-19 and the Black Lives Matter movement in historical context

2020 ◽  
Vol 27 (4) ◽  
pp. 449-465
Author(s):  
Stanley N. Katz ◽  
Leah Reisman
Keyword(s):  
United States ◽  
Historical Context ◽  
The United States ◽  
Cultural Organizations ◽  
Black Lives Matter ◽  
The Arts ◽  
Arts And Culture ◽  
History Of ◽  
Cultural Sector ◽  
The Impact

AbstractThis article discusses the impact of the COVID-19 pandemic and the Black Lives Matter movement on the arts and cultural sector in the United States, placing the 2020 crises in the context of the United States’s historically decentralized approach to supporting the arts and culture. After providing an overview of the United States’s private, locally focused history of arts funding, we use this historical lens to analyze the combined effects of the pandemic and Black Lives Matter movement on a single metropolitan area – Philadelphia, Pennsylvania. We trace a timeline of key events in the national and local pandemic response and the reaction of the arts community to the Black Lives Matter movement, arguing that the nature of these intersecting responses, and their fallout for the arts and cultural sector, stem directly from weaknesses in the United States’s historical approach to administering the arts. We suggest that, in the context of widespread organizational vulnerability caused by the pandemic, the United States’s decentralized approach to funding culture also undermines cultural organizations’ abilities to respond to issues of public relevance and demonstrate their civic value, threatening these organizations’ legitimacy.

Public Law 78: A Tangle of Domestic and International Relations

1965 ◽  
Vol 7 (4) ◽  
pp. 541-556 ◽  
Author(s):  
James F. Creagan
Keyword(s):  
United States ◽  
Migrant Workers ◽  
The United States ◽  
Public Law ◽  
United States Government ◽  
Natural Movement ◽  
Mexican Government ◽  
History Of ◽  
International Boundary ◽  
The Impact

The movement of Mexican laborers across the international boundary into the southwestern United States has been occurring since the establishment of a boundary in that area. It is a natural movement of worker toward the source of work. Interests of the governments involved have caused checks to be placed upon this movement of workers. Public Law 78 represented one of the recent attempts of the United States government, through co-operation with the Mexican government, to regulate the movement of migrant workers.In this article I will briefly trace the history of PL 78. The impact of this law upon Mexico and its relevance for United States relations with that country are of importance.

Wertham’s Little Goblins

2017 ◽  
Author(s):  
Brian Cremins
Keyword(s):  
United States ◽  
Comic Books ◽  
Comic Book ◽  
The United States ◽  
Childhood Memories ◽  
The Arts ◽  
Comics Studies ◽  
Recent Developments ◽  
History Of ◽  
The 1960S

After Fawcett’s legal settlement with National in 1953, the original Captain Marvel did not return to comic books until 1973. In the meantime, comic book fans and amateur historians began writing about the character in the 1960s. This chapter traces Captain Marvel’s afterlife in these fanzines, publications that helped to establish the foundation for comics studies in the United States. The chapter also includes an overview of recent developments in the field of memory and nostalgia studies. These recent studies of the history of nostalgia in medicine, psychology, and the arts are essential for an understanding of how childhood memories have shaped comics studies as a discipline.

Development Trends in Automation

2022 ◽  
pp. 160-167
Keyword(s):  
United States ◽  
21St Century ◽  
Autonomous Vehicles ◽  
The United States ◽  
Current Development ◽  
Vehicle Ownership ◽  
Development Trends ◽  
Private Vehicle ◽  
History Of ◽  
The Impact

This chapter analyzes current development trends in automation. The chapter begins by discussing the history of automation in the 21st century, beginning with Honda's creation of ASIMO. Next, the chapter analyzes how automation gave rise to the relocating of many Western manufacturing centers to Asia, particularly those in the United States. The chapter then analyzes trends in the development of autonomous vehicles. This section includes a detailed projection of likely developments over the next several decades, such as the impact of autonomous vehicles on private vehicle ownership. The chapter concludes with a brief summary of these trends.

A Secret Society History of the Civil War

2011 ◽  
Author(s):  
Mark A. Lause
Keyword(s):  
United States ◽  
Civil War ◽  
The United States ◽  
The Political ◽  
Secret Society ◽  
Secret Societies ◽  
Harpers Ferry ◽  
History Of ◽  
Key Events ◽  
The Impact

This history of the Civil War considers the impact of nineteenth-century American secret societies on the path to as well as the course of the war. Beginning with the European secret societies that laid the groundwork for Freemasonry in the United States, the book analyzes how the Old World's traditions influenced various underground groups and movements in America, particularly George Lippard's Brotherhood of the Union, an American attempt to replicate the political secret societies that influenced the European Revolutions of 1848. The book traces the Brotherhood's various manifestations, including the Knights of the Golden Circle (out of which developed the Ku Klux Klan), and the Confederate secret groups through which John Wilkes Booth and others attempted to undermine the Union. It shows how, in the years leading up to the Civil War, these clandestine organizations exacerbated existing sectional tensions and may have played a part in key events such as John Brown's raid on Harpers Ferry, Lincoln's election, and the Southern secession process of 1860–1861.

Epilogue

2017 ◽  
Author(s):  
Anna D. Jaroszyńska-Kirchmann
Keyword(s):  
United States ◽  
Public Sphere ◽  
The United States ◽  
The Internet ◽  
Formal Schooling ◽  
The Public ◽  
Polish Language ◽  
The Media ◽  
The Public Sphere ◽  
The Impact

This epilogue comments on the changes within the Polish American community and the Polish-language press during the most recent decades, including the impact of the Internet and social media on the practice of letter-writing. It also poses questions about the legacy and memory of Paryski in Toledo, Ohio, and in Polonia scholarship. Paryski's life and career were based on his intelligence, determination, and energy. He believed that Poles in the United States, as in Poland, must benefit from education, and that education was not necessarily the same as formal schooling. Anybody could embark on the path to self-improvement if they read and wrote. Long before the Internet changed the way we communicate, Paryski and other ethnic editors effectively adopted and practiced the concept of debate within the public sphere in the media. Ameryka-Echo's “Corner for Everybody” was an embodiment of this concept and allowed all to express themselves in their own language and to write what was on their minds.

Crossed Lines in the Racialization Process: Race as a Border Concept

2012 ◽  
Vol 42 (2) ◽  
pp. 206-228 ◽  
Author(s):  
Robert Bernasconi
Keyword(s):  
United States ◽  
Phenomenological Approach ◽  
The United States ◽  
History Of ◽  
The Impact ◽  
The Way

Abstract The phenomenological approach to racialization needs to be supplemented by a hermeneutics that examines the history of the various categories in terms of which people see and have seen race. An investigation of this kind suggests that instead of the rigid essentialism that is normally associated with the history of racism, race predominantly operates as a border concept, that is to say, a dynamic fluid concept whose core lies not at the center but at its edges. I illustrate this by an examination of the history of the distinctions between the races as it is revealed in legal, scientific, and philosophical sources. I focus especially on racial distinctions in the United States and on the way that the impact of miscegenation was negotiated leading to the so-called one-drop rule.

The Parvin-Brigham Mission to Spanish America, 1823–1826

1945 ◽  
Vol 14 (2) ◽  
pp. 85-103
Author(s):  
J. Orin Oliphant
Keyword(s):  
United States ◽  
Latin America ◽  
The United States ◽  
War Of 1812 ◽  
Spanish America ◽  
The People ◽  
History Of ◽  
The Subject ◽  
The Impact

Slowly during the years just preceding our War of 1812, and rapidly during the decade that followed the Peace of Ghent, the vast reaches of Latin America swam within the ken of the people of the United States. Of this “discovery” of our southern neighbors and of our relations with Latin America before 1830, we have learned much from a volume recently brought out by a distinguished historian of the United States, Professor Arthur P. Whitaker. Professor Whitaker's informing study was intended to be nothing less than a well-rounded history of the impact of Latin America upon the United States to 1830; and such it has proved to be—with one exception. Professor Whitaker completely overlooked the religious phase of the subject he otherwise treated so skillfully. Upon this neglected part of the history of our early relations with Latin America this paper will endeavor to throw some light.

scholarly journals Avanços e limites na historiografia da legislação urbanística no Brasil

2001 ◽  
pp. 33 ◽  
Author(s):  
Sarah Feldman
Keyword(s):  
United States ◽  
Urban Development ◽  
Public Administration ◽  
Legal System ◽  
The United States ◽  
Historical Research ◽  
Recent Developments ◽  
History Of ◽  
The 1960S

Este trabalho tem por objetivo analisar a produção recente no campo da história da legislação urbanística no Brasil, procurando detectar avanços e limites para a reflexão sobre desenvolvimento urbano e práticas urbanísticas. O texto organiza-se em três eixos analíticos. Em primeiro lugar, procura-se situar os trabalhos no processo de disseminação de estudos da história urbana no Brasil, vinculando-os ao movimento de ampliação do território da história que ocorre na Europa e nos Estados Unidos, a partir dos anos 60, com a chamada História Nova. Em segundo, baseado em um panorama da produção recente, são detectadas as vertentes dominantes e emergentes nos trabalhos sobre legislação. Em terceiro, são discutidos dois aspectos que se configuram como lacunas na historiografia da legislação: o lugar ocupado pelas normas, a partir do momento em que idéias e práticas urbanísticas têm um espaço institucionalizado na administração pública; e o lugar dos pressupostos modernistas na legislação brasileira, visto que o movimento modernista formula a proposta de um novo sistema legal para o urbanismo.Palavras-chave: legislação urbanística; história; movimento moderno. Abstract: This paper analyses recent developments in the history of Brazilian urban legislation, pointing out the progress made and limits faced, as a basis for reflection in the debate on urban development and planning practice. The analysis is divided into three parts. The first relates the dissemination of urban historical research in Brazil to the expansion of the field of history which began in the 1960s with the "New History" movement in Europe and the United States. The second part sets out the dominant and emerging approaches to urban legislation. Finally, there is a discussion of two aspects that are seen as gaps in the history of urban legislation: the role of norms, as the ideas and practices of urban planning become institutionalised within public administration, and the influences of modernist ideas on Brazilian urban legislation, taking into account that the modern movement proposes a new legal system for urban planning.Keywords: urban legislation; history; modernist movement.

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