Americans today face an age of information overload. With the evolution of Media 3.0, the internet, and the rise of Media 3.5—i.e., social media—relatively new communication technologies present pressing challenges for the First Amendment in American society. Twentieth century law defined freedom of expression, but in an information-limited world. By contrast, the twenty-first century is seeing the emergence of a world that is overloaded with information, largely shaped by an “unintentional press”—social media. Americans today rely on just a small concentration of private technology powerhouses exercising both economic and social influence over American society. This raises questions about censorship, access, and misinformation. While the First Amendment protects speech from government censorship only, First Amendment ideology is largely ingrained across American culture, including on social media. Technological advances arguably have made entry into the marketplace of ideas—a fundamental First Amendment doctrine—more accessible, but also more problematic for the average American, increasing his/her potential exposure to misinformation. <br/><br/>This thesis uses political and judicial frameworks to evaluate modern misinformation trends, social media platforms and current misinformation efforts, against the background of two misinformation accelerants in 2020, the COVID-19 pandemic and U.S. presidential election. Throughout history, times of hardship and intense fear have contributed to the shaping of First Amendment jurisprudence. Thus, this thesis looks at how fear can intensify the spread of misinformation and influence free speech values. Extensive research was conducted to provide the historical context behind relevant modern literature. This thesis then concludes with three solutions to misinformation that are supported by critical American free speech theory.

Media witnessing and storytelling for environmental justice (EJ) provide an avenue to understand the relationships between “multiple realities of environmental injury” and to analyze “fleeting phenomena with lasting form; thereby transforming phenomena that are experienced in a plurality of lives into publicly recognized history” (Houston, 2012, 419, 422). This creates opportunities to challenge and eradicate the oppressive structures that deem certain individuals and groups disposable and ultimately protect the possessive investment in whiteness. Therefore, for the purposes of EJ, media witnessing creates space for dynamic, citizen-based storytelling which can undermine narratives that promote the life versus economy framework that has perpetuated oppression, injustice, and state sanctioned violence. Media witnessing in an EJ context demonstrates the potential for collective understanding and action, political opportunities, and healing.<br/>This paper is an analysis of the process of media witnessing in regards to the Flint Water Crisis and the construction of the Dakota Access Pipeline (DAPL) and will apply an EJ lens to this phenomenon. It will discuss how media witnessing in response to these two crises can be used as a precedent for understanding and utilizing this framework and digital storytelling to address the crises of 2020, primarily the COVID-19 pandemic and racial injustice. It will then examine how the intersectionality of race, gender, and age has implications for future media witnessing and storytelling in the context of EJ movements. Finally, it will explain how media witnessing can motivate holistic policymaking in the favor of EJ initiatives and the health and wellbeing of all Americans, as well as how such policymaking and initiatives must acknowledge the double-edged sword that is social media.

On September 30, 2019, the Governor of California, Gavin Newsom, signed the Fair Pay to Play Act which prohibited universities from taking away an athlete’s scholarship should they choose to profit off their name, image and likeness (NIL). This was a monumental moment in college athletics as numerous lawsuits against the NCAA had been filed by former and current athletes due to the unfair nature of “amateurism.” With California getting the ball rolling and the Supreme Court pressuring the NCAA to change their outdated ways, the NCAA withdrew their rule stating that student athletes could not monetize their NIL. While this was a massive step forward in regard to compensating athletes for the time and effort they put into their sport that in turn generates revenue for the school, it also posed many questions that needed an in-depth look into including how this will affect non-revenue generating sports. This study aims to measure the student-athlete knowledge surrounding name, image, and likeness, as well as capture the athletes, coaches, and administrators' projections of the future implications of this policy. On the surface, this is a wonderful opportunity for college athletes. However, with the variability in the popularity and profitability between revenue generating and non-revenue generating sports, this does not put student-athletes on a level playing field to profit off their name, image, and likeness. With non-revenue generating sports falling vastly behind revenue generating sports, a further divide between these two segments of collegiate sports will form. Though there is an opportunity for all collegiate athletes to profit off their name, image, and likeness, the feasibility of putting these athletes on a level playing field is slim. In addition, with this new era comes a whole new set of rules for recruiting tactics and the desire to get more influential athletes. The data collected for this thesis, in conjunction with this new rule, implies that sports producing more influential athletes will be given more money as more eyes will be on the individual athletes. This will leave smaller sports behind because it will continue to create a divide between revenue generating and non-revenue generating sports. This gap will be created by increasing the publicity and recognition surrounding the revenue generating sports, while pushing less relevant sports further behind.