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Social Media, Freedom of Speech, and the Future of our Democracy (eBook)

Edited by: Lee C. Bollinger, Geoffrey R. Stone

ISBN13: 9780197621110
Published: January 2023
Publisher: Oxford University Press USA
Country of Publication: USA
Format: eBook (ePub)
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A broad explanation of the various dimensions of the problem of "bad" speech on the internet within the American context.

One of the most fiercely debated issues of this era is what to do about "bad" speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors—including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow,Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others—to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of "bad" speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote "the public interest." Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.

Subjects:
eBooks, IT, Internet and Artificial Intelligence Law
Contents:
Acknowledgments
List of Contributors
Opening Statement
Lee C. Bollinger and Geoffrey R. Stone
Regulating Harmful Speech on Social Media: The Current Legal Landscape and Policy Proposals
Andrew J. Ceresney, Jeffrey P. Cunard, Courtney M. Dankworth and David A. O'Neil

Part One: An Overview of the Problem
1. Social Media and First Amendment Fault Lines
David A. Strauss
2. A Deliberate Leap in the Opposite Direction: The Need to Rethink Free Speech
Larry Kramer
3. The Disinformation Dilemma
Emily Bazelon
4. A Framework for Regulating Falsehoods
Cass R. Sunstein
5. The Free Speech Industry
Mary Anne Frank

Part Two: Reforming Section
6. The Golden Era of Free Speech
Erwin Chemerinsky and Alex Chemerinsky
7.
Section 230 Reforms
Sheldon Whitehouse

Part Three: Content Moderation and the Problem of Algorithms
8. Algorithms, Affordances, and Agency
Renée DiResta
9. The Siren Call of Content Moderation Formalism
Evelyn Douek
10. Free Speech on Public Platforms
Jamal Greene
11. The Limits of Antidiscrimination Law in the Digital Public Sphere
Genevieve Lakier
12. Platform Power, Online Speech, and the Search for New Constitutional Categories
Nathaniel Persily
13. Strategy and Structure: Understanding Online Disinformation and How Commitments to "Free Speech" Complicate Mitigation Approaches
Kate Starbird

Part Four. Other Possible Reforms
14. To Reform Social Media, Reform Informational Capitalism
Jack M. Balkin
15. Follow the Money, Back to Front
Yochai Benkler
16. The First Amendment Does Not Protect Replicants
Lawrence Lessig
17. Social Media, Distrust, and Regulation: A Conversation Newton N. Minow, Nell Minow, Martha Minow, and Mary Minow:
18. Profit Over People: How to Make Big Tech Work for Americans
Amy Klobuchar
Report of the Commission
Katherine Adams, Martin Baron, Lee C. Bollinger, Hillary Clinton, Jelani Cobb, Russ Feingold, Christina Paxson, Geoffrey R. Stone
Concluding Statement Lee C. Bollinger and Geoffrey R. Stone

Notes
Index