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Asterisk Revisited: Debating a Right of Reply on Search Results

Frank A. Pasquale III
Seton Hall University - School of Law; Yale Law School



Journal of Business and Technology Law, Forthcoming
Seton Hall Public Law Research Paper No. 1091124

Abstract:     
What happens when high-ranking results about a certain searched term are harmful from either a societal perspective, or from the perspective of an entity with a stake in the search term? For example, if all the results about a (hypothetical) person named Xavier Hollidayly are negative opinions or mistaken accusations, should he get any chance to reply to them on the search page on which they appear - or at least to indicate with an asterisk a link that leads to a page that will do so? Or if the owner of the (again fictitious) trademark Flanakapan Popsicles finds that all the results in response to that term lead to competitors' websites, should she be able to indicate on that page that she owns the mark Flanakapan?

This essay proposes some solutions to these problems, and responds to critiques.

Keywords: Google, search engines, cyberlaw, annotation, right of reply, Tornillo, Turner, search results as speech, First Amendment

Accepted Paper Series

Date posted: February 12, 2008 ; Last revised: March 27, 2008

Suggested Citation

Pasquale, Frank A., Asterisk Revisited: Debating a Right of Reply on Search Results. Journal of Business and Technology Law, Forthcoming; Seton Hall Public Law Research Paper No. 1091124. Available at SSRN: http://ssrn.com/abstract=1091124


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Contact Information

Frank A. Pasquale III (Contact Author)
Seton Hall University - School of Law ( email )
One Newark Center
Newark, NJ 07102-5210
United States
Yale Law School ( email )
New Haven, CT 06520
United States
HOME PAGE: http://www.law.yale.edu/faculty/FPasquale.htm
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