Abstract

http://ssrn.com/abstract=2447904
 


 



Online Harassment, Defamation, and Hateful Speech: A Primer of the Legal Landscape


Alice E. Marwick


Fordham University, Communication and Media Studies; McGannon Center

Ross W. Miller


Fordham University School of Law

June 10, 2014

Fordham Center on Law and Information Policy Report No. 2

Abstract:     
This interdisciplinary project focused on online speech directed at women and seeks to provide a primer on (i) what legal remedies, if any, are available for victims of sexist, misogynist, or harassing online speech, and (ii) if such legal remedies and procedures exist, whether practical hurdles stand in the way of victims’ abilities to stop harassing or defamatory behavior and to obtain legal relief. The study concluded that while online harassment and hateful speech is a significant problem, there are few legal remedies for victims. This is partly due to issues of jurisdiction and anonymity, partly due to the protection of internet speech under the First Amendment, and partly due to the lack of expertise and resources on online speech at various levels of law enforcement. Given this landscape, the problem of online harassment and hateful speech is unlikely to be solved solely by victims using existing laws; law should be utilized in combination with other practical solutions.

The objective of the project is to provide a resource that may be used by the general public, and in particular, researchers, legal practitioners, Internet community moderators, and victims of harassment and hateful speech online.

Number of Pages in PDF File: 74

Keywords: online harassment, defamation, hate speech, misogyny, online communities, conflict

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Date posted: June 10, 2014  

Suggested Citation

Marwick, Alice E. and Miller, Ross W., Online Harassment, Defamation, and Hateful Speech: A Primer of the Legal Landscape (June 10, 2014). Fordham Center on Law and Information Policy Report No. 2. Available at SSRN: http://ssrn.com/abstract=2447904

Contact Information

Alice E. Marwick (Contact Author)
Fordham University, Communication and Media Studies ( email )
113 West 60th Street
New York, NY 10023
United States
McGannon Center ( email )
441 East Fordham Road
Dept of Comm & Media Studies
Bronx, NY 10458
United States
Ross W. Miller
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
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