JASTA: In an Era of Fake News, Publicity Infused Terror, and a Directive from Congress
37 Pages Posted: 24 Jan 2018 Last revised: 2 Feb 2018
Date Written: August 1, 2017
Abstract
Scholars have addressed the various forms of potential liability under the Antiterrorism Act ("ATA"), particularly on financial entities such as banks that frequently engage in international affairs. However, no academic article has explained the implications surrounding the recent amendment to the ATA, the Justice Against Sponsors of Terrorism Act ("JASTA"), and the potential for secondary liability within our nation's media industry. This piece addresses the interconnection between terrorism and publicity, a relationship that is largely cause-and-effect in nature. The article discusses how a JASTA suit claiming secondary liability would function, especially considering the holding in Holder v. Humanitarian Law Project, where the Supreme Court impeded speech in the name of national security. Moreover, this piece considers the constitutional influences on a suit of this nature, amid an era where free speech has arguably never been more revered, as evidenced in the monumental case, Snyder v. Phelps. In sum, this article narrows in on a compelling issue, under a controversial provision, in an effort to bring attention to the troublesome nature of both, the law and the current state of our nation’s media outlets.
Keywords: JASTA, Antiterrorism Act, Media, Publicity, Free Speech, Civil Aiding and Abetting, Justice Against Sponsors of Terrorism Act, Terrorism
JEL Classification: K10, K13, K41, K33, F51, F52
Suggested Citation: Suggested Citation