Feature: The Evolution of First Amendment Jurisprudence in a Post-Fact World

For free speech enthusiasts, 2017 may be the new 1984: though lacking in two-way TVs or an official slogan advocating “ignorance is strength,” the federal government has preyed upon an information-rich, attention-scarce nation to degrade the value of true information. By flooding information channels with violent opinions and normalizing the use of “alternative facts,” the current administration, magnified by the tactics of social media companies and tech firms, illuminates novel twenty-first century speech obstacles that the First Amendment may not be ready to tackle.

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Sreya PinnamaneniComment
Matal v. Tam: Evolving Standards of Government Speech in the Music Industry

The historical and contemporary meaning of the name listed in the band’s application is a clear violation of the relevant statute, as the word “slants” wrongly disparages and discriminates against Asian populations. The Constitution, however, considers issues of hate and disparagement to be largely secondary to expansive freedoms of speech and expression. The issue of the case exceeds statutory application; the disparagement clause’s tension with First Amendment’s speech protections frames the legal issue.

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Max NeumanComment
Protecting Your DNA: The Unraveling of Privacy in Genetic Testing

When one saliva sample can reveal anything from a customer’s hair color to their risk of Alzheimer’s, it is understandable that each individual would want to protect this information. GINA’s broad jurisdiction in the workplace and in health insurance as well as constitutional rights to privacy provide such security; but holes in GINA’s jurisdiction and a lack of court precedent also remind us that genetic privacy is not guaranteed.

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U.S. Mass Surveillance: Striking the Balance Between Security and Liberty

Over a year before the Snowden leak, Justice Sonia Sotomayor’s concurrence in United States v. Jones raised light on issues of government surveillance that came with the public disclosure of the NSA programs. Sotomayor warned that the digital age should reconsider whether “an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties.”

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On Amazon's Entry into the Grocery Business - A Legal Analysis

The logic behind this decisive stance by the Court can be applied to Amazon and its intended purchase of Whole Foods. There is no doubt that in a few years time, Amazon will strategize and use its position in the physical grocery business to severely undercut rivals – especially those in the upscale food business. But even if Amazon decides to sell groceries below-cost, that would not constitute clear proof that it is creating an uncompetitive market for groceries. In an industry whose margins are already razor-thin, Amazon could claim that prices would only improve for consumers.

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