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.

This report explores the United States’ continued use of the death penalty and the various costs of maintaining such a policy. This paper aims to investigate issues in the continued use of the death penalty and potential policy alternatives to this inhumane practice. To this end, topics such as constitutional law, crime control, and economic costs associated with the death penalty will be explored. Ultimately, due to patterns of racial and economic discrimination, a lack of evidence for a deterrent effect, the risk imposed on innocent defendants, and the economic cost of maintaining the status quo, it is suggested that the United States, at the very least places a federal moratorium on executions, while simultaneously encouraging states to do the same through the use of grants or mandates designed to lessen the cost of swapping to a life without parole or LWOP system could create on a state’s budget. Additionally, alternatives such as LWOP are explored as a means to address many of the concerns surrounding the death penalty.