Regulating Speech Online

February 18

The Internet has the potential to revolutionize public discourse. Instead of large media companies and corporate advertisers controlling the channels of speech, anyone with an Internet connection can, in the words of the Supreme Court, “become a town crier with a voice that resonates farther than it could from any soapbox.” (Reno v. ACLU). Internet speakers can reach vast audiences of readers, viewers, researchers, and buyers that stretch across real space borders, or they can concentrate on niche audiences that share a common interest or geographical location. What's more, speech on the Internet has truly become a conversation, with different voices and viewpoints mingling together to create a single "work."

With this great potential, however, comes new questions. What happens when anyone can publish to a global audience with virtually no oversight? How can a society balance the rights of speakers with the interests in safeguarding minors from offensive content? When different countries take different approaches on speech, whose values should take precedence? When a user of a website says something defamatory, when should we punish the user and when should we punish the website?

In this class, we will look at how law and social norms are struggling to adapt to this new electronic terrain.

Readings

Private and public control of speech online

• Berkman Center, How Internet Censorship Works (about 7 mins., watch all)

• Biz Stone and Alex Macgillivary, The Tweets Must Flow and The Tweets Still Must Flow

• Rachel Whetstone, Free Expression and Controversial Content on the Web

Speech laws and liabilities in the United States

• Digital Media Law Project Legal Guide: Defamation

• Wikipedia, Section 230 of the Communications Decency Act

• David Ardia, Free Speech Savior or Shield for Scoundrels: An Empirical Study of Intermediary Immunity Under Section 230 of the Communications Decency Act (Read all of Section I, Parts C&D of Section II, and Conclusion)

• John Palfrey & Adam Thierer, "Dialogue: The Future of Online Obscenity and Social Networks" (Ars Technica)

Cross-border concerns and tactics

• The Economist, The Future of the Internet: A Virtual Counter-Revolution

When laws conflict

• 111th U.S. Congress, H.R. 2765, “Securing the Protection of our Enduring and Established Constitutional Heritage Act” (“SPEECH Act”)

Optional Readings

• Reno v. American Civil Liberties Union, 521 U.S. 844 (1997)