Free Speech and the Regulation of Social Media Content

Free Speech and the Regulation of Social Media Content
Author :
Publisher : Independently Published
Total Pages : 50
Release :
ISBN-10 : 1092635157
ISBN-13 : 9781092635158
Rating : 4/5 (57 Downloads)

Book Synopsis Free Speech and the Regulation of Social Media Content by : Valerie C. Brannon

Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.

Social Media, Freedom of Speech, and the Future of Our Democracy

Social Media, Freedom of Speech, and the Future of Our Democracy
Author :
Publisher : Oxford University Press
Total Pages : 449
Release :
ISBN-10 : 9780197621080
ISBN-13 : 0197621082
Rating : 4/5 (80 Downloads)

Book Synopsis Social Media, Freedom of Speech, and the Future of Our Democracy by : Lee C. Bollinger

Download or read book Social Media, Freedom of Speech, and the Future of Our Democracy written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2022-08-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Regulating Free Speech in a Digital Age

Regulating Free Speech in a Digital Age
Author :
Publisher : Springer Nature
Total Pages : 241
Release :
ISBN-10 : 9783030955502
ISBN-13 : 3030955508
Rating : 4/5 (02 Downloads)

Book Synopsis Regulating Free Speech in a Digital Age by : David Bromell

Download or read book Regulating Free Speech in a Digital Age written by David Bromell and published by Springer Nature. This book was released on 2022-02-11 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hateful thoughts and words can lead to harmful actions like the March 2019 terrorist attack on mosques in Christchurch, New Zealand. In free, open and democratic societies, governments cannot justifiably regulate what citizens think, feel, believe or value, but do have a duty to protect citizens from harmful communication that incites discrimination, active hostility and violence. Written by a public policy advisor for fellow practitioners in politics and public life, this book discusses significant practical and moral challenges regarding internet governance and freedom of speech, particularly when responding to content that is legal but harmful. Policy makers and professionals working for governmental institutions need to strike a fair balance between protecting from harm and preserving the right to freedom of expression. And because merely passing laws does not solve complex social problems, governments need to invest, not just regulate. Governments, big tech and the private sector, civil society, individual citizens and the fourth estate all have roles to play, and counter-speech is everyone’s responsibility. This book tackles hard questions about internet governance, hate speech, cancel culture and the loss of civility, and illustrates principled pragmatism applied to perplexing policy problems. Furthermore, it presents counter-speech strategies as alternatives and complements to censorship and criminalisation.

Social Media and Democracy

Social Media and Democracy
Author :
Publisher : Cambridge University Press
Total Pages : 365
Release :
ISBN-10 : 9781108835558
ISBN-13 : 1108835554
Rating : 4/5 (58 Downloads)

Book Synopsis Social Media and Democracy by : Nathaniel Persily

Download or read book Social Media and Democracy written by Nathaniel Persily and published by Cambridge University Press. This book was released on 2020-09-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.

The Regulation of Social Media Influencers

The Regulation of Social Media Influencers
Author :
Publisher : Edward Elgar Publishing
Total Pages : 352
Release :
ISBN-10 : 9781788978286
ISBN-13 : 1788978285
Rating : 4/5 (86 Downloads)

Book Synopsis The Regulation of Social Media Influencers by : Catalina Goanta

Download or read book The Regulation of Social Media Influencers written by Catalina Goanta and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today’s society, the power of someone’s reputation, or influence, has been turned into a job: that of being a social media influencer. This role comes with promises, such as aspirational work, but is rife with challenges, given the controversy that often surrounds influencers. This is the first book on the regulation of social media influencers, that brings together legal, economic and ethical angles to further unveil the implications of influencer marketing.

The Content and Context of Hate Speech

The Content and Context of Hate Speech
Author :
Publisher : Cambridge University Press
Total Pages : 569
Release :
ISBN-10 : 9781107375611
ISBN-13 : 1107375614
Rating : 4/5 (11 Downloads)

Book Synopsis The Content and Context of Hate Speech by : Michael Herz

Download or read book The Content and Context of Hate Speech written by Michael Herz and published by Cambridge University Press. This book was released on 2012-04-09 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?

The Oxford Handbook of Freedom of Speech

The Oxford Handbook of Freedom of Speech
Author :
Publisher : Oxford University Press, USA
Total Pages : 609
Release :
ISBN-10 : 9780198827580
ISBN-13 : 019882758X
Rating : 4/5 (80 Downloads)

Book Synopsis The Oxford Handbook of Freedom of Speech by : Adrienne Stone

Download or read book The Oxford Handbook of Freedom of Speech written by Adrienne Stone and published by Oxford University Press, USA. This book was released on 2021-01-14 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook on Freedom of Speech provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law.