With David French, Corynne McSherry, Nathaniel Persily, and Marietje Schaake
How should the world's largest social media companies respond to a pernicious online climate, including hate speech and false content posted by users? For some, the answer is clear: Take the fake and offensive content down. But for others, censorship - even by a private company - is dangerous in a time when digital platforms have become the new public square and many Americans cite Facebook and Twitter as their primary news sources. Rather than embracing European hate speech laws or developing platform-specific community standards that are sometimes seen as partisan, they argue, social media companies should voluntarily adopt the First Amendment and block content only if it violates American law. Should First Amendment doctrine govern free speech online? Or are new, more internationally focused speech policies better equipped to handle the modern challenges of regulating content and speech in the digital era?
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