social media
Algospeak: Jailbreaking the Marketplace of Ideas
Mar. 8, 2024—By Amaris Aloise Social media algorithms have become the captors of the marketplace of ideas, but they have also captured its importance to US culture. With the exponential rise in algorithmic content moderation, the marketplace of ideas has become dependent on internet culture and slang, resulting in a “chronically online”[1] censorship of expression known as...
The End of an Era: The Uncertain Future of Section 230 Immunity for Social Media Platforms
Nov. 28, 2023—Lillian H. Rucker | 26 Vand. J. Ent. & Tech. L. 241 (2023) Major social media platforms (SMPs), such as Facebook, Instagram, and TikTok, have become the primary means of communication for billions of people worldwide. They are the largest modern news distributors and the primary curators of online public discourse. However, the expanding influence...
The Supreme Court Considers Social Media’s Role in Political Discourse
Nov. 15, 2023—Recently, The Supreme Court began to hear arguments for a new series of critical cases which will help define the role of social media in society. The justices will consider the relevant question: When a public official blocks someone from their social media page does that violate the Constitution’s First Amendment? The cases before the Court echo issues raised in a previous suits against then-President Donald Trump and current President Joe Biden for blocking their critics on Twitter. Read Olivia Augustini's ('25) analysis of the ongoing litigation in this new blog post.
Influencing “Kidfluencing”: Protecting Children by Limiting the Right to Profit From “Sharenting”
Jul. 28, 2023—Charlotte Yates | 25 Vand. J. Ent. & Tech. L. 845 (2023). Statistics on children’s digital presences are staggering, with an overwhelming majority of children having unique digital identities by age two. The phenomenon of “sharenting” (parents sharing content of their children on social media) can start as early as a sonogram photo or a...
Reinterpreting Repeat Infringement in the Digital Millennium Copyright Act
Jun. 28, 2023—Hunter McGhee | 25 Vand. J. Ent. & Tech. L. 483 (2023). In 1998, Congress passed the Digital Millennium Copyright Act, which aimed to balance the growth of the internet with the enforcement interests of copyright holders. In exchange for immunity from third-party infringement, the DMCA imposes certain conditions on internet and online service providers....