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.

Joining us this week will be Jeff Hermes, Director of the Digital Media Law Project.

Assignments

The first half of assignment 2 (posting your prospectus) is due before class next week (Feb. 25th). Information on the assignment can be found here.

Readings

Private and public control of speech online

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

• Ethan Zuckerman, Intermediary Censorship (from Access Controlled)

• Jeffrey Rosen, The Delete Squad (New Republic)

• 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

• Wikipedia, Section 230 of the Communications Decency Act

• Letter to Members of Congress from 49 state and territorial Attorneys General

Cross-border concerns

• Susan Benesch, Dangerous Speech (audio interview, about 9 mins., listen to all)

• Jessica McKenzie, Obeying French Courts, Twitter Hands Over Identities of Users Who Employed Anti-Semitic Hashtag (TechPresident)

• Jillian York, Should Google Censor an Anti-Islam Video?

Optional Readings

• 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)

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

• Hal Roberts et al., The Evolving Landscape of Internet Control

• Jonathan Zittrain and John Palfrey, Reluctant Gatekeepers: Corporate Ethics on a Filtered Internet (from Access Denied)

• Anne-Marie Slaughter, Adapting U.S. Policy in a Changing International System

• Andy Sellars, The Structural Weakness of Internet Speech