Category: Constitutional Law
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Social Media Platforms as Publishers: Evaluating the First Amendment Basis for Content Moderation
By Jimmy Fraley — In recent years, many Republican politicians have become increasingly vocal about the content censorship imposed by social media companies. These Republicans are concerned that social media companies have taken actions to censor conservative speech and have engaged in a type of viewpoint policing. This concern has turned into action, with Jim…
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Justice Until Death: The Necessity of Swift and Good-Faithed Capital Punishment
By Justin Murdock — There are two factions when it comes to the debate over capital punishment: one believes it is legitimate retribution for heinous criminal acts, while the other believes it is the epitome of archaic punishments which violate the principles of the Eighth Amendment. Capital punishment in the United States is limited to…
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Electronic Surveillance, the Fourth Amendment, and the NYPD’s “Muslim Surveillance Program”
By Annie Akbar — In a letter to James Madison after the French Revolution had begun, Thomas Jefferson wrote, “The earth belongs always to the living generation… Every constitution, then, and every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force and not of…
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The Content-Specific Doctrine: The Right to be Secure in Digital Effects
By Xander de los Reyes — The Fourth Amendment’s original intent was to protect Americans from unreasonable searches and seizures. At the time they were drafting the Constitution, the Founding Fathers remembered these violations of privacy as physical trespasses committed by British officials against colonists. This raises the question: Were the seizures of letters from…
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A Plea to Act in Good Faith: How Two State Laws Challenge Social Media Platforms’ Editorial Practices
By Tori Tinsley — Recent controversy surrounding the constitutionality of two state laws regulating social media platforms reveals that modern technology is presenting unprecedented challenges for the legal system. Two laws passed in Texas and Florida in 2021, HB 20 and SB 7072 have raised questions about whether states can make laws that regulate social…
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The Legality of Tattoo Discrimination in Employment
By Leyuan Ma — In recent years, tattoos have become increasingly popular as a form of body art in the United States. According to a 2019 survey, 30% of Americans have at least one tattoo, an increase from 21% in 2012. However, even as tattoos are now recognized as part of mainstream culture, many people…
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The Unconstitutionality of California’s State of Emergency
By Alexandra Orbuch — On March 4, 2020, California Governor Gavin Newsom relied on the California Emergency Services Act to declare a state of emergency as a result of the outbreak of COVID-19. On October 17, 2022, Newsom announced that “the COVID-19 State of Emergency will end on February 28, 2023.” The termination date was…