Citations

  1. A more detailed discussion is present in the body of the paper. Charges against Elonis were brought under 18 USC  875(c).
  2. Facebook and Twitter do remove pornographic material from their sites (the posting of which is also not a crime), but there is a market imperative to do that since parents are unlikely to permit minors to use these platforms if that policy is not implemented. There is currently no similar moral impetus to remove Islamophobic statements.
  3. Keats Citron, Danielle. “Hate Crimes in Cyberspace.” Harvard University Press, 2016.
  4. Stephens-Davidowitz, Seth. "The cost of racial animus on a black candidate: Evidence using Google search data." Journal of Public Economics 118 (2014): 26–40.
  5. Frauke Kreuter, Stanley Presser, Roger Tourangeau. “Social desirability bias in CATI, IVR, and web surveys: the effects of mode and question sensitivity” Public Opinion. Quarterly  5 (2009), pp. 847–865 (January); Gregory Conti, Edward Sobiesk. “An honest man has nothing to fear.” Proceedings of the 3rd Symposium on Usable Privacy and Security — SOUPS '07, ACM Press New York, New York, USA (2007), p. 112 (July). 
  6. Tuckwood, C. (2014). The state of the field: Technology for atrocity response. Genocide Studies and Prevention: An International Journal 8 (3), 9. ; Gitari, N., Z. Zuping, D. Hanyurwimfura, and J. Long (2015). A lexicon-based approach for hate speech detection. International Journal of Multimedia and Ubiquitous Engineering 10(4), 215–230.
  7. There are 1,525,918 unique users in the dataset of all Islam/Muslim references. There are 38,798 unique users in the dataset of anti-Muslim tweets and 82,988 unique users in the dataset of anti-Islamophobia tweets.
  8. Since the number is from the candidates' Facebook pages, Trump supporters are not precluded from posting Islamophobic comments on Clinton’s Facebook page, and vice versa.
  9. The December 15 Campaign Statement quoted at the outset of the paper was made immediately following the San Bernardino shooting.
  10. The definition of “terror organization” used by the statute refers back to Section 219 A of the Immigration and Nationality Act, which requires, among other things, for the organization to be foreign.
  11. Mehanna, 735 F.3d at 49 (citing Humanitarian Law Project, 561 US at 26).
  12. Pierce, Abigail M. “Tweeting for Terrorism: First Amendment Implications in using ProTerrorist Tweets to convict under the Material Support for Terrorism Statute” 24 Wm and Mary Bill of Rts J 251.
  13. 395 US 444 (1969)
  14. Case by Case: ISIS Prosecutions in the United States 2014-2016 produced by the Fordham University Center on National Security Law.
  15. It is important to note that the Elonis case involved a different statute than the Humanitarian Law Project and Mehanna.
  16. It should be noted here that there are varying estimates of these numbers, since some include all mass shootings and hate crime murders in the numbers of domestic terror attacks, while others do not.
  17. Hate Crime and Hate Speech: Comprehensive Analysis of International Law Principles, EU-wide study and National Assessments.
  18. I have only included a limited reference to civil acts since this paper deals with criminal law.

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