![]() Professional speech communicates the profession’s insights to the client for the purpose of providing professional advice, and the value of professional advice critically depends on its content. This Essay illustrates the dangers of falling into the content-neutrality trap in the context of professional speech. But content neutrality should not be thought of as axiomatic across the First Amendment. Reed ushered in what may turn out to be a dramatic shift in the way courts employ content neutrality as a core principle of the First Amendment. Town of Gilbert, a seemingly innocuous case about a municipal sign ordinance. ![]() It reflects a new form of aggressive content neutrality on the rise in First Amendment jurisprudence beginning with Reed v. Governor of Florida is remarkable for embracing content neutrality as a tenet of First Amendment doctrine in the realm of professional speech. The Eleventh Circuit’s en banc decision in Wollschlaeger v. The debate over nationwide injunctions must take into account the effects of changes to the scope of injunctive relief on the venue choice architecture, and consider both venue and the scope of injunctive relief concomitantly in the institutional design of federal litigation. Such limitations would lead to distortions in incentives for venue choice contrary to the purposes underlying the enactment of § 1391(e) as well as systematically disadvantage less well-resourced litigants. Section 1391(e) of Title 28, the statutory provision for venue against federal actors, provides for broad scope for venue, including permitting venue based on the plaintiff’s place of residence. Limitations on nationwide injunctions would place increased weight on early lawsuits in forums in which venue is proper based on the characteristics of the defendant, because any similarly situated litigant can bring suit there. Cabining nationwide injunctions would shift the incentives for litigant venue choice. This picture, though, oversimplifies the relationship between venue and the scope of injunctive relief, particularly for lawsuits against federal actors. However, the success of this approach will ultimately depend on a second, more challenging feature of the current American government: fundamental threats to the justice system currently emanating from the executive.Ī criticism of nationwide injunctions is that they engender forum shopping, with litigants seeking out a court more likely to be favorable to them in order to obtain sweeping relief. Such advocacy may also be the most resource efficient, a critical consideration in a landscape where proponents of access to justice lack the political support to win increased federal funding for civil legal aid. I argue that information-centered advocacy may be the most effective means of closing the justice gap. This information gap can be remedied by increasing public education on these topics and by improving the means of seeking legal assistance. Recent data from the Legal Services Corporation and the University of Chicago confirm that this gap primarily stems from a lack of information about legal rights, remedies, and resources. The justice gap-the gap between people’s legal needs and the legal services available-is wide and growing. There is a crisis in access to justice in the United States. This Essay therefore recommends that we must build a realistic theory-based on observations as well as interdisciplinary insights-to explain the governance of private companies who maintain our public sphere in the internet era. And yet, too often we analyze the problem of fake news by focusing on individual instances, not systemic features of the information economy. ![]() This is a different conception of fake news, and it presents a question about how information operates at scale in the internet era. Instead, what we are really focusing on is why we have been suddenly inundated by false information-purposefully deployed-that spreads so quickly and persuades so effectively. When we agonize over the fake news phenomenon, though, we are not talking about these kinds of fabricated stories. Despite the common use of the term, it eludes common definition. presidential election, “fake news” has dominated popular dialogue and is increasingly perceived as a unique threat to an informed democracy.
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