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Private Censorship, Disinformation And The First Amendment: Rethinking Online Platforms Regulation In The Era Of A Global Pandemic, Tzu- Chiang Huang
Private Censorship, Disinformation And The First Amendment: Rethinking Online Platforms Regulation In The Era Of A Global Pandemic, Tzu- Chiang Huang
Michigan Technology Law Review
The proliferation of online disinformation and the rise of private censorship are paradigmatic examples of the challenges to traditional First Amendment jurisprudence in an algorithmic society. The limitations of traditional First Amendment jurisprudence are amplified by the impact of the COVID-19 pandemic in two ways. On the one hand, in the wake of the pandemic, we have entered an “infodemic” era where the volume of disinformation, as well as the harm it causes have reached unprecedented levels. For example, health disinformation has contributed to vaccine hesitancy. On the other hand, even though the proliferation of online disinformation seems to suggest …
The Kids Are All Right: The Law Of Free Expression And New Information Technologies, Mark Tushnet
The Kids Are All Right: The Law Of Free Expression And New Information Technologies, Mark Tushnet
Catholic University Law Review
Recently the literature on free expression has turned to the question, should the law of free expression be adjusted because of the availability of new information technologies (hereafter NIT), and if so, how? The only thing about NIT that distinguishes them from traditional media is that disseminating expression via NIT is much less expensive than doing so via traditional media. The tenor of recent scholarship on NIT and free expression is that the invention of NIT does support some modification of free expression law. This Essay argues that that conclusion might be correct, but that many of the arguments offered …