United States Media Law Update

10 Pages Posted: 9 Apr 2016 Last revised: 7 May 2016

See all articles by Lyrissa Barnett Lidsky

Lyrissa Barnett Lidsky

University of Missouri School of Law

Rachael Jones

University of North Carolina School of Law

Date Written: 2016

Abstract

In June 2015 the United States Supreme Court completed what was hailed as its most ‘liberal term of the ages’, issuing major decisions on controversial issues, such as same-sex marriage, affirmative action and the Affordable Care Act. The Court’s free press jurisprudence, however, remained largely unchanged after its last term. The Court did not decide any significant press cases. Instead, the Court sidestepped the opportunity to resolve important questions about the constitutional limits on the prosecution of threats made via social media in one notable case, and set a new, more speech-protective standard for determining when a law is content-based and thus subject to the highest level of constitutional scrutiny. Meanwhile, lower courts began addressing other important topics ranging from the surveillance practices of the Department of Justice to the proper balance between privacy interests and the free flow of public information.

Keywords: media law, social media, free speech, content-based speech, surveillance, privacy, net neutrality

Suggested Citation

Lidsky, Lyrissa Barnett and Jones, Rachael, United States Media Law Update (2016). 20 Media & Arts L. Rev. 461 (2016); University of Florida Levin College of Law Research Paper No. 16-15. Available at SSRN: https://ssrn.com/abstract=2760649 or http://dx.doi.org/10.2139/ssrn.2760649

Lyrissa Barnett Lidsky (Contact Author)

University of Missouri School of Law

Missouri Avenue & Conley Avenue
Columbia, MO MO 65211
United States

Rachael Jones

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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