Media Law

The New Pornography Wars

Julie Dahlstrom

Abstract The world’s largest online pornography conglomerate, MindGeek, has come under fire for the publishing of “rape videos,” child pornography, and nonconsensual pornography on its website, Pornhub. In response, as in the “pornography wars” of the 1970s and 1980s, lawyers and activists have turned to civil remedies and filed creative anti- trafficking lawsuits against MindGeek […]

Holding Social Media Providers Liable For Acts of Domestic Terrorism

Chloe Berryman

Abstract Would the availability of a federal cause of action for domesticterrorism increase the risk of social media providers being held liable forfacilitating domestic terrorism? Recently, there have been discussionsconcerning the role social media plays in acts of domestic terrorism.Many acts of domestic terrorism have been linked to the perpetrator’sinvolvement with online groups who harbor […]

“Revenge Porn” Reform: A View From the Front Lines

Written by: Mary Anne Franks

Abstract The legal and social landscape of “revenge porn” has changed dramatically in the last few years. Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the term “revenge porn.” As of July 2017, thirty-eight states and Washington, D.C. had criminalized the conduct; […]

Who Watches This Stuff?: Videos Depicting Actual Murder and the Need for a Federal Criminal Murder-Video Statute

Written by: Musa K. Farmand, Jr.

Abstract Murder videos are video recordings that depict the intentional, unlawful killing of one human being by another. Generally, due to their obscene nature, murder videos are absent from mainstream media. However, in the wake of Vester Lee Flanagan II’s filmed murders of reporter Allison Parker and cameraman Adam Ward on live television, it is […]

Aubrey Burris, Hell Hath No Fury like a Woman Porned: Revenge Porn and the Need for a Federal Nonconsensual Pornography Statute

Revenge porn is the term used to describe an intimate image or video that is initially shared within the context of a private relationship but is later publicly disclosed, usually on the Internet, without the consent of the individual featured in the explicit graphic. This nonconsensual disclosure is generally fueled by an intent to harm, […]

Thomas J. Horton, Robert H. Lande, & Virginia Callahan APPENDIX

This appendix compares the quality of the investigatory and local journalism contained in “old media” with that contained in “new media” by using the metrics the journalism industry itself uses. We ascertain which type of media has won most of the journalism awards in the years since these awards became open to the new media. […]

Thomas J. Horton & Robert H. Lande, Should the Internet Exempt the Media Sector From the Antitrust Laws?

Suppose the twenty largest traditional news media companies in the United States, including the Wall Street Journal, New York Times, Washington Post, ABC, NBC, CBS, Fox, and CNN, announced the merger of their news operations. They would likely claim that this merger would result in tremendous cost savings by eliminating duplicative news gathering expenses. They would be correct. They […]

Marc Edelman, Closing the “Free Speech” Loophole: the Case for Protecting College Athletes’ Publicity Rights in Commercial Video Games

When Electronic Arts Inc. (Electronic Arts) launched its video game series NCAA Football in June 1993, the available technology limited developers to crafting avatars that looked like faceless figurines. Today, however, advancements in digital technology have enabled developers to create “virtual players” that strongly resemble their reallife counterparts. For example, in NCAA Football 12, the […]

Skyler McDonald, Defamation in the Internet Age: Why Roommates.com Isn't Enough to Change the Rules for Anonymous Gossip Websites

62 Fla. L. Rev. 259 (2010) |   |   |   | INTRODUCTION :: Everyone “Googles” his or her own name once in a while. Imagine that a young woman looks herself up on the Internet one day, and finds that a person she does not know is posting offensive, false comments about her. […]

Benjamin J. Steinberg, Discounted Medical Bills and Conflicting Applications of Florida Statutes §768.76 as A Rule of Evidence

62 Fla. L. Rev. 1431 (2010) | | | | INTRODUCTION :: Marcie was a loving mother and a hard worker. But all of this was stripped away in an instant. Marcie lost both her daughter and her ability to work after being struck while walking home from school by a negligent driver. The resulting […]