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The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
The Paradox Of Free Speech In The Digital World: First Amendment Friendly Proposals For Promoting User Agency, Nadine Strossen
Articles & Chapters
The United States Supreme Court has continued a speech-protective trend dating back to the 1960s, safeguarding even the most controversial speech from government regulation, including speech that critics of this trend label with the stigmatizing terms "hate speech," "disinformation," "misinformation," "extremist speech," and "terrorist speech." In contrast, as dominant online platforms have become increasingly important forums for both individual self-expression and democratic discourse, the platforms have been issuing and enforcing increasing restrictions on their users' speech pursuant to each platform's content moderation policies. These restrictions often suppress speech that the U.S. Constitution bars government from suppressing. As private sector entities, …
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Free Speech & Abortion: The First Amendment Case Against Compelled Motherhood, Raymond Shih Ray Ku
Faculty Publications
The most important lessons are taught by example. Children learn the fundamental values that guide them throughout their lives from the examples set by their parents, especially their mothers. Even before they understand a language, they learn by observing and imitating the actions of their parents. For almost fifty years Roe v Wade guaranteed pregnant women the freedom to determine whether to carry their pregnancy to term. The right to obtain a safe abortion prior to viability is the most significant and controversial aspect of this freedom. The Supreme Court is now poised to overturn what it previously described as …
The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler
The New Editors: Refining First Amendment Protections For Internet Platforms, Mailyn Fidler
Law Faculty Scholarship
This Article envisions what it would look like to tailor the First Amendment editorial privilege to the multifaceted nature of the internet, just as courts have done with media in the offline world. It reviews the law of editorial judgment offline, where protections for editorial judgment are strong but not absolute, and its nascent application online. It then analyzes whether the diversity of internet platforms and their functions alter how the Constitution should be applied in this new setting. First Amendment editorial privilege, as applied to internet platforms, is often treated by courts and platforms themselves as monolithic and equally …