Public Interest and Private Rights in Social Media

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Flash rob or protest movement: the First Amendment and regulating online calls to action

Margot Kaminski

Abstract:

The Internet, particularly social media, has been used for organising large groups of people in ‘flash mobs’ to accomplish everything from improvisational comedy to protest movements to theft. As states and local governments look to prevent harm from such activity, they run into First Amendment rights of expression and freedom of association. This paper explores existing US law on organising groups, and asks whether new concerns arise in the online context. It examines the tension between prosecution of conspiracy, a crime based on speech and protection of incitement of others to action. It concludes that states should link ...