October - 2017

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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 n

Uncertain Precedents: An Analysis of Stem Cell Regulation

In 1868, the term “stem cell” was first coined by German scientist Ernst Haeckel to describe single-celled ancestral organisms that resulted in the evolution of all living things.[i] In 1981, Sir Martin Evans became the first scientist to culture embryonic stem cells from mice. Today, scientists are working with embryonic stem cells hoping to treat diseases ranging from diabetes to blindness. The modern day stem cell, unlike its 1868 definition, is considered an unspecialize

Norton v. Ute Indian Tribe: Examining Tribal Sovereignty Through Law Enforcement

On April 1st, 2007, Ute tribal member Todd Murray was shot by Vernal City Police Officer Vance Norton.[1],[2] Murray had fled the scene of a police stop for speeding just outside of the Ute tribal reservation, where he was a passenger in the implicated vehicle.[3] He was pursued onto reservation lands by Officer Norton in addition to Utah State Trooper Dave Swenson, Utah Highway Patrol Trooper Craig Young, and Uintah County Deputy Anthoney Bryon, none of whom were cross-deput

On VEP: Regulatory Inefficiencies in Cybersecurity

In April 2017, anonymous hackers calling themselves “The Shadow Brokers” released a set of the National Security Agency’s hacking tools, called exploits, onto the internet. Within weeks, experts had identified different multiple strains of malicious code, called malware, based on the leaked NSA code. These strains, with names like “WannaCry,” targeted individuals, hospital systems and corporate infrastructure throughout the U.S. and Europe alarming even staunch defenders of t

Information Privacy and Data Security Laws: An Ineffective Regulatory Framework

Ever since advertising firms began capitalizing on private consumer information, the unjustified collection and misuse of sensitive personal data have increasingly become growing national concerns. One of the major areas of contention within the information security sector is the United States’ lack of a comprehensive and standardized federal data security law. The Federal Trade Commission (FTC) has been the chief federal agency that has overseen privacy policy since the 1970

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

“Sorry if we try too hard / To take some power back for ours / The language of oppression / Will lose to education / Until the words can't hurt us again”[1] sings Simon Tam on “From the Heart”—the lead track on the EP “The Band Who Must Not be Named.” This EP was released by The Slants in January of this year prior to the decision in Matal v. Tam (2017), a Supreme Court case which called into question constitutional protections for the government role in protecting offensive

Funding Churches after Hurricane Harvey: A First Amendment Analysis

Starting on August 25, 2017, Hurricane Harvey pummeled through the south-eastern region of Texas. Those who were displaced flocked to welcoming organizations and nonprofits which handed out supplies and basic necessities. Among those welcoming Harvey’s victims were sanctuaries such as Rockport First Assembly of God, the Harvest Family Church, and sanctuary of Hi-Way Tabernacle.[1] However, when these sanctuaries applied for Federal relief for their own damages, they were unab

Taking a Knee For First Amendment Rights: Free Speech Precedent for NFL Players

Athletes of the National Football League have recently displayed a strong sense of solidarity in combating police brutality by linking arms and kneeling during the national anthem. The NFL protests began in 2016 when San Francisco quarterback Colin Kaepernick sat during the playing of the national anthem in protest of the discrimination of black Americans. In recent months, many players have followed in Kaepernick’s footsteps. President Donald J. Trump, however, has referred

Technological Self-Incrimination: The Precedent of Biometric Unlocking

In September 2013, Apple unveiled Touch ID: a mechanism that allows a user to unlock his or her iPhone using a fingerprint.[1] Since the unveiling of Touch ID, courts have been forced to consider how evidence can legally be obtained from locked smartphones without violating the Fifth Amendment protection against self-incrimination. The increased use of biometric unlocking by technology companies such as Apple may make phones more secure than a weak passcode, but more vulnerab

Campaign Finance in the Past 40 Years: An Overview

On April 2nd, 2014 the Supreme Court handed down a decision that was met with reactions ranging from support to disinterest to deeply held anger. The ruling in McCutcheon v. Federal Election Commission, written by Chief Justice Roberts, hinges on the concept of money as speech that finds its roots in precedent reaching back more than forty years. Campaign finance has, historically, been a subject riddled with controversy. In 1971, in the wake of the Watergate Scandal, Congre

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