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Books by Rick
The Voting Wars Website
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Election Law--Cases and Materials (5th edition 2012) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore (NYU Press 2003) NOW IN PAPER
Book introduction
Table of Contents
Order from Amazon.com
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Journal of Legislation Symposium on book

The Glannon Guide to Torts: Learning Torts Through Multiple-Choice Questions and Analysis (Aspen Publishers 2d ed. 2011)
Remedies: Examples & Explanations (Aspen Publishers, 2d ed. 2010)Election Law Resources
Election Law--Cases and Materials (4th edition 2008) (with Daniel Hays Lowenstein and Daniel P. Tokaji)
Election Law Journal
Election Law Listserv homepage
Election Law Teacher Database
Repository of Election Law Teaching Materials (2011 update)
Blogroll/Political News Sites
All About Redistricting (Justin Levitt)
American Constitution Society
Balkinization
Ballot Access News
Brennan Center for Justice
The Brookings Institution's Campaign Finance Page
Buzzfeed Politics
California Election Law (Randy Riddle)
Caltech-MIT/Voting Technology Project (and link to voting technology listserv)
The Caucus (NY Times)
Campaign Legal Center (Blog)
Campaign Finance Institute
Center for Competitive Politics (Blog)
Center for Governmental Studies
Doug Chapin (HHH program)
Concurring Opinions
CQ Politics
Demos
Election Updates
Fairvote
Election Law@Moritz
Electionline.org
Equal Vote (Dan Tokaji)
Federal Election Commission
The Fix (WaPo)
The Hill
How Appealing
Initiative and Referendum Institute
Legal Theory (Larry Solum)
Political Activity Law
Political Wire
Politico
Prawfsblawg
Roll Call
SCOTUSblog
Summary Judgments (Loyola Law faculty blog)
Talking Points Memo
UC Irvine Center for the Study of Democracy
UC Irvine School of Law
USC-Caltech Center for the Study of Law and Politics
The Volokh Conspiracy
Votelaw blog (Ed Still)
Washington Post Politics
Why Tuesday?
Recent Newspapers and Magazine Commentaries
Big Money Lost, But Don't Be Relieved, CNN Opinion, Nov. 9, 2012
A Better Way to Vote: Nationalize Oversight and Control, NY Times, "Room for Debate" blog, Nov. 9, 2012
Election Day Dispatches Entry 5: Black Panthers, Navy Seals, and Mysterious Voting Machines, Slate, Nov. 6, 2012
Behind the Voting Wars, A Clash of Philosophies, Sacramento Bee, Nov. 4, 2012
How Many More Near-Election Disasters Before Congress Wakes Up?, The Daily Beast, Oct. 30, 2012
Will Bush v. Gore Save Barack Obama? If Obama Narrowly Wins Ohio, He Can Thank Scalia and the Court's Conservatives, Slate, Oct. 26, 2012
Will Voter Suppression and Dirty Tricks Swing the Election?, Salon, Oct. 22, 2012
Is the Supreme Court About to Swing Another Presidential Election? If the Court Cuts Early Voting in Ohio, It Could Be a Difference Maker in the Buckeye State, Slate, Oct. 15, 2012
Election Truthers: Will Republicans Accept an Obama Election Victory?, Slate, Oct. 9, 2012
Wrong Number: The Crucial Ohio Voting Battle You Haven't Heard About, Slate, Oct. 1, 2012
Litigating the Vote, National Law Journal, Aug. 27, 2012
Military Voters as Political Pawns, San Diego Union-Tribune, August 19, 2012
Tweeting the Next Election Meltdown: If the Next Presidential Election Goes into Overtime, Heaven Help Us. It’s Gonna Get Ugly, Slate, Aug. 14, 2012
A Detente Before the Election, New York Times, August 5, 2012
Worse Than Watergate: The New Campaign Finance Order Puts the Corruption of the 1970s to Shame, Slate, July 19, 2012
Has SCOTUS OK'd Campaign Dirty Tricks?, Politico, July 10, 2012
End the Voting Wars: Take our elections out of the hands of the partisan and the incompetent, Slate, June 13, 2012
Citizens: Speech, No Consequences, Politico, May 31, 2012
Is Campaign Disclosure Heading Back to the Supreme Court? Don’t expect to see Karl Rove’s Rolodex just yet, Slate, May 16, 2012
Unleash the Hounds Why Justice Souter should publish his secret dissent in Citizens United, Slate, May 16, 2012
Why Washington Can’t Be Fixed; And is about to get a lot worse, Slate, May 9, 2012
Let John Edwards Go! Edwards may be a liar and a philanderer, but his conviction will do more harm than good, Slate, April 23, 2012
The Real Loser of the Scott Walker Recall? The State of Wisconsin, The New Republic, April 13, 2012
A Court of Radicals: If the justices strike down Obamacare, it may have grave political implications for the court itself, Slate, March 30, 2012
Of Super PACs and Corruption, Politico, March 22, 2012
Texas Voter ID Law May Be Headed to the Supreme Court, Fort Worth Star-Telegram, Mar. 13, 2012
“The Numbers Don’t Lie: If you aren’t sure Citizens United gave rise to the Super PACs, just follow the money, Slate, Mar. 9, 2012
Stephen Colbert: Presidential Kingmaker?, Politico, Mar. 5 2012
Occupy the Super PACs; Justice Ginsburg knows the Citizens United decision was a mistake. Now she appears to be ready to speak truth to power, Slate, Feb. 20, 2012
Kill the Caucuses! Maine, Nevada, and Iowa were embarrassing. It’s time to make primaries the rule, Slate, Feb. 15, 2012
The Biggest Danger of Super PACs, CNN Politics, Jan. 9, 2012
This Case is a Trojan Horse, New York Times "Room for Debate" blog, Jan. 6, 2012 (forum on Bluman v. FEC)
Holder's Voting Rights Gamble: The Supreme Court's Voter ID Showdown, Slate, Dec. 30, 2011
Will Foreigners Decide the 2012 Election? The Extreme Unintended Consequences of Citizens United, The New Republic (online), Dec. 6, 2011
Disenfranchise No More, New York Times, Nov. 17, 2011
A Democracy Deficit at Americans Elect?, Politico, Nov. 9, 2011
Super-Soft Money: How Justice Kennedy paved the way for ‘SuperPACS’ and the return of soft money, Slate, Oct. 25, 2012
The Arizona Campaign Finance Law: The Surprisingly Good News in the Supreme Court’s New Decision, The New Republic (online), June 27, 2011
New York City as a Model?, New York Times Room for Debate, June 27, 2011
A Cover-Up, Not a Crime. Why the Case Against John Edwards May Be Hard to Prove, Slate, Jun. 3, 2011
Wisconsin Court Election Courts Disaster, Politico, Apr. 11, 2011
Rich Candidate Expected to Win Again, Slate, Mar. 25, 2011
Health Care and the Voting Rights Act, Politico, Feb. 4, 2011
The FEC is as Good as Dead, Slate, Jan. 25, 2011
Let Rahm Run!, Slate, Jan. 24, 2011
Lobbypalooza,The American Interest, Jan-Feb. 2011(with Ellen P. Aprill)
Election Hangover: The Real Legacy of Bush v. Gore, Slate, Dec. 3, 2010
Alaska's Big Spelling Test: How strong is Joe Miller's argument against the Leeza Markovsky vote?, Slate, Nov. 11, 2010
Kirk Offers Hope vs. Secret Donors, Politico, November 5, 2010
Evil Men in Black Robes: Slate's Judicial Election Campaign Ad Spooktackular!, Slate, October 26, 2010 (with Dahlia Lithwick)
Show Me the Donors: What's the point of disclosing campaign donations? Let's review, Slate, October 14, 2010
Un-American Influence: Could Foreign Spending on Elections Really Be Legal?, Slate, October 11, 2010
Toppled Castle: The real loser in the Tea Party wins is election reform, Slate, Sept. 16, 2010
Citizens United: What the Court Did--and Why, American Interest, July/August 2010
The Big Ban Theory: Does Elena Kagan Want to Ban Books? No, and She Might Even Be a Free Speech Zealot", Slate, May 24, 2010
Crush Democracy But Save the Kittens: Justice Alito's Double Standard for the First Amendment, Slate, Apr. 30, 2010
Some Skepticism About the "Separable Preferences" Approach to the Single Subject Rule: A Comment on Cooter & Gilbert, Columbia Law Review Sidebar, Apr. 19, 2010
Scalia's Retirement Party: Looking ahead to a conservative vacancy can help the Democrats at the polls, Slate, Apr. 12, 2010
Hushed Money: Could Karl Rove's New 527 Avoid Campaign-Finance Disclosure Requirements?, Slate, Apr. 6, 2010
Money Grubbers: The Supreme Court Kills Campaign Finance Reform, Slate, Jan. 21, 2010
Bad News for Judicial Elections, N.Y. Times "Room for Debate" Blog, Jan., 21, 2010
Read more opeds from 2006-2009
Forthcoming Publications, Recent Articles, and Working Papers
The 2012 Voting Wars, Judicial Backstops, and the Resurrection of Bush v. Gore, George Washington Law Review (forthcoming 2013) (draft available)
A Constitutional Right to Lie in Campaigns and Elections?, Montana Law Review (forthcoming 2013) (draft available)
End of the Dialogue? Political Polarization, the Supreme Court, and Congress, 86 Southern California Law Review (forthcoming 2013) (draft available)
Fixing Washington, 126 Harvard Law Review (forthcoming 2012) (draf available)
What to Expect When You’re Electing: Federal Courts and the Political Thicket in 2012, Federal Lawyer, (forthcoming 2012)( draft available)
Chill Out: A Qualified Defense of Campaign Finance Disclosure Laws in the Internet Age, Journal of Law and Politics (forthcoming 2012) (draft available)
Lobbying, Rent Seeking, and the Constitution, 64 Stanford Law Review (forthcoming 2012) (draft available)
Anticipatory Overrulings, Invitations, Time Bombs, and Inadvertence: How Supreme Court Justices Move the Law, Emory Law Journal (forthcoming 2012) (draft available)
Teaching Bush v. Gore as History, St. Louis University Law Review (forthcoming 2012) (symposium on teaching election law) (draft available)
The Supreme Court’s Shrinking Election Law Docket: A Legacy of Bush v. Gore or Fear of the Roberts Court?, Election Law Journal (forthcoming 2011) (draft available)
Citizens United and the Orphaned Antidistortion Rationale, 27 Georgia State Law Review 989 (2011) (symposium on Citizens United)
The Nine Lives of Buckley v. Valeo, in First Amendment Stories, Richard Garnett and Andrew Koppelman, eds., Foundation 2011)
The Transformation of the Campaign Financing Regime for U.S. Presidential Elections, in The Funding of Political Parties (Keith Ewing, Jacob Rowbottom, and Joo-Cheong Tham, eds., Routledge 2011)
Judges as Political Regulators: Evidence and Options for Institutional Change, in Race, Reform and Regulation of the Electoral Process, (Gerken, Charles, and Kang eds., Cambridge 2011)
Citizens United and the Illusion of Coherence, 109 Michigan Law Review 581 (2011)
Aggressive Enforcement of the Single Subject Rule, 9 Election Law Journal 399 (2010) (co-authored with John G. Matsusaka)
The Benefits of the Democracy Canon and the Virtues of Simplicity: A Reply to Professor Elmendorf, 95 Cornell Law Review 1173 (2010)
Constitutional Avoidance and Anti-Avoidance on the Roberts Court, 2009 Supreme Court Review 181 (2010)
Election Administration Reform and the New Institutionalism, California Law Review 1075 (2010) (reviewing Gerken, The Democracy Index)
You Don't Have to Be a Structuralist to Hate the Supreme Court's Dignitary Harm Election Law Cases, 64 University of Miami Law Review 465 (2010)
The Democracy Canon, 62 Stanford Law Review 69 (2009)
Review Essay: Assessing California's Hybrid Democracy, 97 California Law Review 1501 (2009)
Bush v. Gore and the Lawlessness Principle: A Comment on Professor Amar, 61 Florida Law Review 979 (2009)
Introduction: Developments in Election Law, 42 Loyola of Los Angeles Law Review 565 (2009)
Book Review (reviewing Christopher P. Manfredi and Mark Rush, Judging Democracy (2008)), 124 Political Science Quarterly 213 (2009).
"Regulation of Campaign Finance," in Vikram Amar and Mark Tushnet, Global Perspectives on Constitutional Law (Oxford University Press (2009)
More Supply, More Demand: The Changing Nature of Campaign Financing for Presidential Primary Candidates (working paper, Sept. 2008)
When 'Legislature' May Mean More than''Legislature': Initiated Electoral College Reform and the Ghost of Bush v. Gore, 35 Hastings Constitutional Law Quarterly 599 (2008) (draft available)
"Too Plain for Argument?" The Uncertain Congressional Power to Require Parties to Choose Presidential Nominees Through Direct and Equal Primaries, 102 Northwestern University Law Review 2009 (2008)
Political Equality, the Internet, and Campaign Finance Regulation, The Forum, Vol. 6, Issue 1, Art. 7 (2008)
Justice Souter: Campaign Finance Law's Emerging Egalitarian, 1 Albany Government Law Review 169 (2008)
Beyond Incoherence: The Roberts Court's Deregulatory Turn in FEC v. Wisconsin Right to Life, 92 Minnesota Law Review 1064 (2008) (draft available)
The Untimely Death of Bush v. Gore, 60 Stanford Law Review 1 (2007)
Articles 2004-2007
Category Archives: social media and social protests
“Elections B.C. warns candidates: don’t tweet on election day”
Canadian election law more draconian than ours but less than Iran’s.
“SOCIAL NETWORKS AND THE JUDICIARY: The Risks and Benefits of Social Media Use by Judges”
Press release: “The editorial in the March-April 2013 issue of Judicature, the journal of the American Judicature Society, addresses the perils and promise of judges’ use of social media. As social media becomes the norm for communication and networking, government officials – particularly judges – must evaluate if involvement in the major social media networks is appropriate and if the benefits outweigh the risks.
No More Twitter Campaign Ban in Japan
“Twitter Reaction to Events Often at Odds with Overall Public Opinion”
In the last chapter of The Voting Wars I discuss how extreme political positions on Twitter could translate into social unrest in the event of another razor-thin Presidential election.
“Osaka Mayor Tweets Disapproval of Twitter Ban”
WSJ Japan: “As the Twitter feeds of hundreds of Japanese politicians fell silent earlier this week, one of the nation’s most popular and outspoken politicians–Osaka Mayor Toru Hashimoto–continued tweeting on defiantly, challenging a law forbidding candidates from Internet campaigning during a 12-day period before the election.”
“Campaigns Use Social Media to Lure Younger Voters”
“Obama Has Clear Lead in Using Social Media”
Political Wire: “A new Pew Research study finds that President Obama holds a distinct advantage over Mitt Romney in the way his campaign is using digital technology to communicate directly with voters. The Obama campaign is posting almost four times as much content and is active on nearly twice as many platforms.”
“August 2011 recalls harbinger of social media role in close elections”
This item appears at the Milwaukee Journal-Sentinel‘s “All Politics Blog.”
“Tweeting the Next Election Meltdown: If the next presidential election goes into overtime, heaven help us. It’s gonna get ugly.”
Slate has excerpted part of my new book. Here’s how the excerpt begins:
This article is excerpted from Richard L. Hasen’s book, The Voting Wars: From Florida 2000 to the Next Election Meltdown.
The tweets were full of rage. As officials began to tally the results of the tight ballots, many voters suspected fraud. After all, there had been allegations of election misconduct before, as well as lost-and-found votes. Trust in government officials didn’t run high. By late in the evening, one opposition party leader came forward, accusing a local election official of “tampering with the results.” Fears of a political backlash rose. Soon there were even suggestions of violence.
The scene wasn’t the site of some Arab Spring-inspired revolution. It was Wisconsin in August 2011. Wisconsin residents had just voted on whether to recall a number of state senators, with the potential to flip the legislative body from Republican to Democratic hands. The vote totals were rolling in from polling places across the state, and I was following the reaction of hundreds of political junkies tweeting about the results using the hashtag #wirecall.
That evening provides a window into what the world could look like should we be unlucky enough to have our next presidential election as close as the 2000 presidential election. Wisconsin could be our future, and it’s not a pretty picture.
“Statistical Probability That Mitt Romney’s New Twitter Followers Are Just Normal Users: 0%”
The Atlantic reports.
“Campaigns mine online data to target voters”
AP: Voters who click on President Barack Obama’s campaign website are likely to start seeing display ads promoting his re-election bid on their Facebook pages and other sites they visit. Voters searching Google for information about Mitt Romney may notice a 15-second ad promoting the Republican presidential hopeful the next time they watch a video online.”
“Don’t Tweet Your Ballot”
Unless you want to face felony charges in Wisconsin.
“Justice bars analyst from Mississippi cases after Facebook post calling state ‘disgusting’”
FOX News: “The Justice Department has blocked one of its civil rights analysts from dealing with all matters Mississippi after the employee apparently described the state as ‘disgusting and shameful’ on Facebook — comments that drew a rebuke Tuesday from Mississippi’s secretary of state.”
“Twitter plays outsize role in 2012 campaign”
AP: “Four years ago, Twitter was in relative infancy and just 1.8 million tweets were sent on Election Day 2008. Now, Twitter gets that many approximately every eight minutes.”
I discuss the role that Twitter and other social media could play in a Bush v. Gore type post-election meltdown in the final chapter of The Voting Wars.
Web Makes Regulating Politics Tough in Mexico
“Twitter Becomes Real Time Tool for Campaigns”
WaPo reports.
“World French Twitter Users Outsmart Election Law With Cheese, Flan References”
Time: “Dutch cheese, Hungarian wine, rotten tomato and flan were just a few buzzwords thrown around in the French Twitter community on Sunday, when users wittily tweeted in code to skirt a French law prohibiting voting predictions in the first round of the presidential election.”
“A Lie Races Across Twitter Before the Truth Can Boot Up”
Anatomy of a tweeted rumor about Gov. Nikki Haley.
“Trutanich paid for YouTube views of D.A. campaign videos”
LA Times: “An unlikely Internet sensation has struck it big on YouTube: Los Angeles City Atty. Carmen Trutanich. Two polished videos promoting his run for district attorney last month show Trutanich driving the gritty streets of Los Angeles telling war stories from his days as a prosecutor: being shot at by a street gang and sending a killer to death row. Within days, the videos amassed 725,000 views on YouTube, with the most popular clip leaping past any campaign video from GOP presidential candidates Mitt Romney, Newt Gingrich or Rick Santorum. A Trutanich news release trumpeted the videos’ popularity as showcasing ‘broad support behind Trutanich’s candidacy from a vast online and grass-roots audience.’ But the campaign statement left out a key detail: It paid for many of those YouTube views. After The Times questioned the video’s view count, Trutanich’s campaign acknowledged that it had hired an online marketing firm to drum up views by aggressively advertising the videos across the Internet. The Los Angeles firm said it was paid to generate 150,000 to 250,000 views but that a huge online audience then followed naturally.”
“Vote 4 Me!! The political consultants who want to send you unsolicited text messages, and the man who is fighting to stop them.”
Sasha Issenberg has this Slate column.
“Super PACs v. Social Media”
Maria Teresa Kumar has written this Politico oped.“Come November, we may see a new kind of generational divide emerge in the electorate. Massive media campaigns driven by hundreds of millions of super PAC dollars may indeed overwhelm older ‘offline’ voters — who still get their news from television and newspapers. But even the most heavily funded “old school” communications strategies won’t pass muster with younger, ambidextrous news consumers. These new online voters can watch, digest, fact-check and continue the conversation about what they hear and what they believe with trusted sources and friends across their social networks.”
“Facebook Users to Put Political Views Up in Lights on Times Square”
NYT reports.
“In Nonstop Whirlwind of Campaigns, Twitter Is a Critical Tool”
NYT reports.
“Censoring of Tweets Sets Off #Outrage”
NYT: “But this week, in a sort of coming-of-age moment, Twitter announced that upon request, it would block certain messages in countries where they were deemed illegal. The move immediately prompted outcry, argument and even calls for a boycott from some users. “
Blogs and Social Media at AALS Event
This panel on which I will participate will be held on Jan. 5 from 1:30 to 2:45 pm in Madison A, mezzanine level.
“The Tweets, Tics And Turns Of Twitter Politics”
NPR: “Political convo on Twitter is more opinionated, more negative. Diff from that in blogs or lamestream media, sez new study by Pew. Like duh!”
This is something I explore in my forthcoming book, The Voting Wars, in terms of the impact on social media on any post-election meltdown.
Ohio’s Regulation of False Campaign Speech Meets Twitter
See here.
Hashtags as Political Snark
“Digital Media A Factor in Ferocity of Political Campaigns”
See this press release from the University of Missouri.
“Twitterology: A New Science?”
Indeed. (I found such studies very helpful in writing the final chapter of “The Voting Wars,” called “Tweeting the Next Meltdown.)
“Republicans Embrace Twitter Hard for ’12″
Tweeting, pizza, and partisanship in the NYT.
“Perry Blocks Some Reporters on Twitter”
Odd. And ineffective.
“Twitter to Sell Political Advertising”
WaPo reports. In somewhat related news, the FEC put out this Notice of Proposed Rulemaking on Internet campaign communications (via Marc Elias).
“Political Campaigns Adopt Pornbot Tactics”
The Atlantic Wire puts the Coon astrotweets into some political context.
How Political Operatives Use Astrotweeting to Spread Lies About Candidates
As part of my research for The Voting Wars, I have been reading a great deal of computer science and related research on Twitter and politics. Some of the most interesting work is coming out of Indiana University’s School of Informatics and Computing.
The research on astrotweeting, though too tangential to my book, is worth flagging for readers. In this paper, the authors describe how political operatives set up fake accounts to spread rumors or false statements about candidates. This is done in a way to make it appear as though the information is coming from numerous sources, to convey the impression that the information is reliable. Here is a description of one such effort the researchers uncovered:
How Chris Coons budget works- uses tax $ 2 attend dinners and fashion shows
This is one of a set of truthy memes smearing Chris Coons, the Democratic candidate for U.S. Senate from Delaware. Looking at the injection points of these memes, we uncovered a network of about ten bot accounts. They inject thousands of tweets with links to posts from the freedomist.com Web site. To avoid detection by Twitter and increase visibility to different users, duplicate tweets are disguised by adding different hashtags and appending junk query parameters to the URLs. This works because many URL-shortening services ignore querystrings when processing redirect requests.To generate retweeting cascades, the bots also coordinate mentioning a few popular users. These targets get the appearance of receiving the same news from several different people, and are more likely to think it is true, and spread it to their followers. Most of the bot accounts in this network can be traced back to a single person who runs the freedomist.com Web site. The diffusion network corresponding to this case is illustrated in Figure 7(D).
Here is the abstract for the paper:
Online social media are complementing and in some cases replacing person-to-person social interaction and redefining the diffusion of information. In particular, microblogs have become crucial grounds on which public relations, marketing, and political battles are fought. We introduce an extensible framework that will enable the real-time analysis of meme diffusion in social media by mining, visualizing, mapping, classifying, and modeling massive streams of public microblogging events. We describe a Web service that
leverages this framework to track political memes in Twitter and help detect astroturfing, smear campaigns, and other misinformation in the context of U.S. political elections. We present some cases of abusive behaviors uncovered by our service. Finally, we discuss promising preliminary results on the detection of suspicious memes via supervised learning based on features extracted from the topology of the diffusion networks, sentiment analysis, and crowdsourced annotations.
“In Unsettled Times, Media Can Be a Call to Action, or a Distraction”
NYT:
THE mass media, including interactive social-networking tools, make you passive, can sap your initiative, leave you content to watch the spectacle of life from your couch or smartphone.
Apparently even during a revolution.
That is the provocative thesis of a new paper by Navid Hassanpour, a political science graduate student at Yale, titled “Media Disruption Exacerbates Revolutionary Unrest.”
“Public safety, technology and the First Amendment collide in San Francisco’s subway”
WaPo reports (right now the link is not letting me view the entire article).
Quote of the Day
“The legality of that is very questionable and additionally it is also a very useful intelligence asset.”
–London Metropolitan Police Acting Commissioner Tim Godwin, about shutting off Twitter etc. during the London riots.
Twitter, Social Protests and Violence
I’ll be writing about the potential for social media to transform post-election disputes in my forthcoming book, The Voting Wars. In advance of that publication next summer, from time to time I’ll be highlighting stories on the more general topic of social media, social protests and violence.
Along those lines, check out Cell Service Shutdown Raises Free Speech Concerns at NPR and Flash Mobs, Riots Prompt Debate About Social Media Crackdown in the LA Times.

