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The Difference Between TikTok and Free Expression

The algorithmic manipulation of users’ attention is not the same thing as actual human speech.

Allison Stanger argues that TikTok and other social media platforms aren't merely communication systems; we must account not only for content, but for algorithms when deciding how these platforms should be subject to free speech protections. "Courts have always faced challenges applying enduring constitutional principles to new technologies, but the rise of black-box algorithms in shaping public discourse presents many new questions that will take years for American courts and lawmakers to fully address," Stanger writes for The Atlantic

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