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St. John's University School of Law

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First Amendment

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Of Systems Thinking And Straw Men, Kate Klonick Jan 2023

Of Systems Thinking And Straw Men, Kate Klonick

Faculty Publications

(Excerpt)

In Content Moderation as Systems Thinking, Professor Evelyn Douek, as the title suggests, endorses an approach to the people, rules, and processes governing online speech as one not of anecdote and doctrine but of systems thinking. She constructs this concept as a novel and superior understanding of the problems of online-speech governance as compared to those existent in what she calls the “standard [scholarly] picture of content moderation.” This standard picture of content moderation — which is roughly five years old — is “outdated and incomplete,” she argues. It is preoccupied with anecdotal, high-profile adjudications in which platforms …