Question: Question 1- In the case 303 Creative LLCv.Elenis Does application of the Colorado Anti-Discrimination Act to compel an artist to speak or stay silent violate
Question 1- In the case 303 Creative LLCv.Elenis Does application of the Colorado Anti-Discrimination Act to compel an artist to speak or stay silent violate the Free Speech Clause of the First Amendment?
Question 2- In the case Andy Warhol Foundation for the Visual Arts, Inc.v.Goldsmith What is the proper test for whether a work is "transformative" under the first factor of the Copyright Act's fair use doctrine?
Question 3- what is the First Amendment implication of Section 230? Or, said another way, do users have a first amendment right to social media? What, if any, are the limitations of that right?
if an internet provider or social media site like Twitter edits or curates content, is it a publisher?
reread Section 230 and Judge Gibbon's discussion of Section 230. Does Section 230 justify Twitter's ban of President Trump?
make an argument over what is the best way to conceptualize the internet. Is the internet Like Print, where a publisher has control over content and is thus liable for defamation, invasion of privacy? Like broadcasting (NBC, ABC, CBS) where it is subject to indecency on the part of the FCC? Like a common carrier (phone companies, cable) where there should be regulation of startups and an affirmative duty to provide access to all individuals (e.g. high speed internet in rural areas; Twitter for everyone)? Another conceptual model?
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