Concerns over the harmful impact of social media are rising to a fever pitch. In the past decade, everyone from conspiracy theorists to foreign governments have used social media to spread election disinformation, sow discord, and peddle viral conspiracies. This month, the Biden administration and the U.S. Surgeon General accused social media platforms of being the primary source of misinformation about Covid-19 vaccines. Likewise, a July 6 paper warned that the invention of social media...

Cracking down on large tech companies may be one of the few remaining areas of political consensus in Washington D.C. However, many legal experts caution that antitrust cases could take years to complete and the outcomes are far from certain. Still others claim that the recent focus on antitrust is more about punishing tech platforms for being successful. They argue that it would have little impact on more pressing concerns, such as the spread of misinformation, the erosion of privacy, and...

Permanently revoking users’ access to social media platforms— a practice known as “deplatforming “— isn’t a new concept, but the high-profile ban of President Donald Trump has raised new questions about censorship and free speech in the internet age. For years Twitter famously clung to its identity as “the free speech wing of the free-speech party.” Meanwhile, Facebook employed a policy that mostly excluded politicians from content moderation rules that applied to other users. Yet, within...

In the months since the January 6 attack on the Capitol, one thing people on both sides of the political aisle seem to agree on, is that social media bears at least some responsibility for spreading the lies that led to the attack. But, is that true? And if it is, even a little bit, what should lawmakers do about it? Those questions are what [Un]Common Law will explore in our new series called “UnChecked.” A look at the legal doctrines, case history, and legislation that gave birth to the...

For our next season of [Un]Common Law, we’re wading into the thorny debate over Big Tech and social media. Companies like Facebook, Google, Amazon, Twitter are much bigger than they were 20 years ago, but is this a problem? Is Big Tech impinging on your right to free speech? That depends on who you ask. And what about the increased influence of hate-speech, conspiracy theories and disinformation that spread like wildfire online. Despite bipartisan consensus that something needs to be done,...

Earlier this year [Un]Common Law published a podcast series looking at the experiences of African American lawyers and judges working in the legal industry—which, to this day, remains one of the least diverse professions in America. Now, more than a year since George Floyd’s murder, and the wave of soul-searching in the legal industry that followed, 16 of the nation’s largest law firms, nine of which are in the Am Law 200, still do not have even a single Black partner according to a report...

In the wake of Derek Chauvin’s conviction in the murder of George Floyd, lawmakers in both parties said they were “cautiously optimistic” that the trial could provide new momentum to overcome the political hurdles that have stymied efforts at policing reform. In a speech before a joint session of Congress on Wednesday, President Joe Biden formally called on lawmakers to resurrect the George Floyd Justice in Policing Act, which among other things, would end the legal practice of granting...

It took the jury less than 11 hours, to pronounce Derek Chauvin guilty on all three counts of murder in the second and third degree, as well as second-degree manslaughter. While there are many shoes yet to drop before this case is finally complete. Including sentencing, and there will surely be an appeal after that. Also, attention will now shift toward the criminal trial, later this summer, of the three other Minneapolis Police Department officers who were also present during Floyd’s...

With closing arguments completed on Monday, April 19, former police officer Derek Chauvin’s fate rests in the hands of a jury of his peers. Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter. Joining host Adam Allington to discuss closing arguments in the nation’s most intensely-watched police brutality trial since Rodney King is Kami Chavis, a professor of law and director of the criminal justice program at Wake Forest University School of Law.  

Closing statements in the Derek Chauvin trial are set to begin on Monday. The former Minneapolis police officer is facing charges of second-degree murder, third-degree murder, and second-degree manslaughter. Many attorneys agree that Chauvin faces an uphill battle to avoid being found guilty on at least one of the charges. That sets up, what would surely be, an appeal of the verdict. Has Chauvin’s defense team successfully set up potential issues for an appeal in the event of a guilty...

Defense attorney Eric Nelson has a big task to accomplish this week in the murder trial of former police officer Derek Chauvin as he set out to rewrite the narrative of George Floyd's final moments that prosecutors diligently laid out over a two-week period. All told, the prosecution called nearly 40 witnesses to the stand over the two weeks, including fellow police officers, medical experts and eyewitnesses as young as nine years old. The defense took just two days to call seven...

The prosecution wrapped up it’s case in the murder trial of Derek Chauvin on Monday, April 12. Over the course of more than two weeks the jury heard extensive testimony about George Floyd's health problems and struggles with drug addiction. But thanks to an obscure legal doctrine, the jury was also allowed to hear testimony aimed at humanizing George Floyd. Floyd’s younger brother, Philonise Floyd, took the stand on Monday to share some personal reminisces and reflections, which are permitted...

Former Minneapolis police officer Derek Chauvin's trial has been a two-week whirlwind of emotional witness testimony so far, including police department officials, bystanders, medical experts, and an overwhelming amount of video evidence.Opening statements from the prosecution used a viral video of Chauvin kneeling on George Floyd's neck for more than nine minutes before his death to convince jurors that the killing was murder, while defense attorney Eric Nelson said the videos did not tell...

The chief of the Minneapolis Police Department testified this week that the tactic used by Derek Chauvin to restrain George Floyd, pressing his knee into his neck, did not follow police policy. “I absolutely agree that violates our policy,” testified Chief Medaria Arradondo at Chauvin’s trial. In the second week of testimony in the Chauvin trial, the state called law enforcement experts to testify about policies, procedures, and how officers are trained. In this episode of [Un]Common Law, we...

Opening statements in the murder trial of Derek Chauvin, began this week. During his opening statement Monday, Eric Nelson, the attorney for the former Minneapolis police officer Derek Chauvin, indicated that a key part of the defense strategy would be to argue that drugs and health problems caused Floyd's death. Nelson also claimed that a crowd of onlookers who witnessed Floyd's death made the responding officers worry for their safety and diverted their attention from Floyd. On Tuesday,...

The jury in the trial of former Minneapolis police officer Derek Chauvin is noteworthy for its diversity. About 13.5 percent of Hennepin County, Minnesota is African American and, of the 15 jurors (including the three alternates), nine are White, four are Black and two are mixed race, according to the court. Still, many experts, including Andrew Gordon, a Deputy Director at The Legal Rights Center in Minnesota, have noted that the process of seating the jury in the Chauvin case, as well as...

Jury selection in the Derek Chauvin case wrapped up Tuesday, March 23. Of the 15 jurors selected thus far, two are white men, three Black men, one Black woman, six are white women and two are multiracial women, according to the court. George Floyd's death last May at the hands of Minneapolis police officers has made Minnesota ground zero for the debate over police reform, and specifically policies involving use of deadly force. In the months since Floyd’s death a number of new state laws and...

In the aftermath of Floyd’s death, citizens across America took to the streets to demand police reform and accountability. Now almost a year later dozens of cities and states have changed policies, or enacted laws that restrict the use of violent force by police. In addition to municipal and state level changes, in March the House of Representatives passed the George Floyd Justice in Policing Act of 2021, which was passed on March 3. What are some of the key aspects of that bill? But while...

Prosecutors seeking to criminally charge police officers face a number of obstacles. There is a high bar when it comes to proving intent, and police officers are generally granted leeway in what many consider to be a difficult job that requires split second decision making. Moreover, law enforcement officers place citizens under restraint tens of thousands of times every day. And even then, in the rare cases when that action results in death, proving that someone died specifically because of...

The third-degree murder charge against Derek Chauvin have been reinstated. This is in addition to charges of second-degree murder and second-degree manslaughter. As of March 11, there was no appeal from defense, and jury selection is moving forward. But what do we know about the man overseeing the murder that launched last summer’s protests following the killing of George Floyd? Speaking from behind a plexiglass shield and with cameras rolling for the entire world to watch, the spotlight is...

The trial of former Minneapolis police officer Derek Chauvin, who is charged with second-degree unintentional felony murder and second-degree manslaughter in the death of George Floyd, begins this week with the task of finding 12 jurors who can set aside their opinions and render a unanimous verdict. But in a high-profile case such as this, with so many strong opinions already formed, criminal law experts are saying that jury selection may be the most critical piece of the case. The question...

It isn’t hyperbole to say the murder trial of Derek Chauvin, the Minneapolis police officer accused killer of George Floyd is likely to be one of the most significant court cases in a generation. In fact, in the nine months since Floyd’s death at the hands of Chauvin, the name “George Floyd” has become synonymous with a growing movement for police reform as well as a massive racial reckoning that has spread to all corners of American society. Given the sweeping significance of this case, the...

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms, law schools and corporations about how issues or diversity and inclusion are being treated in the wake of last summer's police shootings and protests. In episode five, we turn our attention to the issue of diversity in the federal judiciary. We speak with former judges and legal scholars...

In "Black Lawyers Speak: Stories of the Past, Hopes for the Future," we have looked at how the current focus on diversity and inclusion in Big Law is playing out. We have heard from key players at law firms and in corporations about how they are doing the hard work of culture change, and how, through their work, they are underscoring the argument that diversity is good business. In episode four, we turn our attention to the unique experiences of African American women law partners, a segment...

In the wake of last summer’s protests, more law firms in the AmLaw 200 are being more vocal about plans to increase their diversity. For decades, Big Law has been one of the least diverse industries in America, especially when it comes to Black lawyers. In episode three of Black Lawyers Speak, we focus on the legal education pipeline and whether law schools and law students can push law firms to be accountable for their rhetoric. Legal experts point out that one reason for the lack of...