Freedom of Speech in the Modern Era

Topic:

In this seminar, we will discuss free speech in the modern era. There has been lots of media coverage surrounding the topic and we hope to have a spirited debate on how this constitutional right should or should not be policed and/or modified.

Readings:

1. Free Speech vs Free Press from Justia

2. Freedom of Expression on the Internet by William Fisher (intro and background sections only)

3. Speech Police: The Struggle to Govern the Internet from the Carnegie Council for Ethics in International Affairs (read article or listen to podcast)

4. Reforming Section 230 by Derek E. Bambauer

5. OPTIONAL: Free Speech Threats are Worsening by D.J. Tice

6. OPTIONAL: Covington Catholic Defamation Case by Aaron Keller

7. OPTIONAL: How Rights Change in the Digital Era by Jack M. Balkin

8. OPTIONAL: Free Speech in the Algorithmic Society by Jack M. Balkin

Discussion Questions:

1. Do we need to modify our free speech laws given our modes of communication have changed? What are the risks?

2. Does social media make it harder to differentiate between everyday people and “the press”? Does that matter?

3. Free speech liberties were originally seen as a protection from the government. Is that still the case today? How do you assess the power of social media CEOs?

4. You are the head of a social media platform…

   • How would you approach banning or silencing users in the future?

   • Do algorithms already obstruct free expression in an unfair way – through content warnings, “shadow banning”, etc.?

   • Will you be tolerant of the intolerant?