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- Title
THE NEW FIGHTING WORDS?: HOW U.S. LAW HAMPERS THE FIGHT AGAINST INFORMATION WARFARE.
- Authors
Goldenziel, Jill I.; Cheema, Manal
- Abstract
The United States prides itself on freedom of speech and information. However, foreign adversaries have weaponized these prized freedoms against the United States. The First Amendment, the Privacy Act, and other U.S. laws designed to protect Americans' civil liberties paradoxically constrain the United States' ability to combat information warfare by its enemies. This Article argues that the United States must reform laws and doctrine concerning speech, information, and privacy to protect the democratic process and national security. By exploring the example of the Russian threat to the U.S. electoral process, this Article will illustrate how foreign adversaries wield the United States' own laws against it. It will also explain how justifiable concerns with infringement on civil liberties have hindered the United States' response. The Article concludes with recommendations on how courts, legislatures, and policymakers should balance First Amendment and privacy rights with national security interests to combat information warfare.
- Subjects
UNITED States; INFORMATION warfare; FREEDOM of information; FREEDOM of speech; PRIVACY Act of 1974 (U.S.); LIBERTY; DEMOCRACY; NATIONAL security; UNITED States. Constitution. 1st Amendment
- Publication
University of Pennsylvania Journal of Constitutional Law, 2019, Vol 22, Issue 1, p81
- ISSN
1521-2823
- Publication type
Article