Monday, January 4th, 2021 12:00-1:00pm EST
CITI Fellows Program: Nadine Strossen, John Marshall Harlan II Professor of Law, Emerita at New York Law School
"The paradox of free speech in the digital world"
The protection of free speech has never been so strong – or so weak. On the one hand, American courts have strongly and consistently resisted government censorship. On the other hand, unprecedented numbers of speakers are being silenced through sweeping non-governmental censorship – by private platforms seeking profit maximization, and by private groups pressuring these companies to limit controversial voices.
Such private-sector censors are not restricted by the First Amendment; to the contrary, they are shielded by it. Worse yet, government officials pressure the companies to limit expression in ways that governments themselves could not lawfully do. No matter how strictly courts curb government censorship, we won’t enjoy meaningful freedom of speech if cancel culture and the platforms’ speech restrictions proceed unchecked. Free speech advocates must hence refocus their efforts.
Prof. Strossen outlined several possible options, and welcomed ideas and feedback from the CITI Fellows.