Media Law

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The Facebook Oversight Board: Creating an Independent Institution to Adjudicate Online Free Expression

This Feature documents the creation of the Facebook Oversight Board, an independent external body that provides appellate review of Facebook’s content-moderation decisions and policy recommendations. Should the Oversight Board gain legitimacy, it has tremendous precedential potential for democratizing private platforms’ governance of global online speech.

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The De Facto Reporter’s Privilege

There is no formal, federal reporter’s privilege against disclosing confidential information. Drawing on new historical sources, this Article shows how all three branches of government have deployed a variety of de facto protections for reporters. These conclusions enrich our understanding of whether a statutory shield is required today.