Download or read book Freedom of Speech and the Regulation of Fake News written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disinformation is not a product of the digital age. False news has always circulated across society, as demonstrated by the case of the 'Great Moon Hoax' in 1835. However, the circulation of false and inaccurate content on the Internet, and particularly on social media, has amplified, as is usually the case in cyberspace, the phenomenon. Indeed, growing concern about potential risks for democratic discourse and processes has emerged in recent years. For example, recent conflicts, particularly in Ukraine, have underlined how disinformation is far beyond only a concern for individual freedoms or national borders. -- Disinformation is primarily connected with the right to freedom of speech, thus raising questions about the tolerance of false content in a democratic society, and consequently what degree of limits on freedom of speech can be constitutionally justified. Primarily, the question is not whether regulating disinformation influences freedom of speech but the reasons for considering its regulation as a challenge for freedom of speech. Therefore, it should be considered that the response to disinformation entails dealing with the degree of protection given to free speech. This is a multifaceted question since each legal system adopts different paradigms of protection even where they share a common liberal matrix. In other words, it is a matter of understanding the limits of freedom of speech and the balancing of this right with legitimate interests or the safeguarding of other constitutional rights. -- Moreover, the digital environment has underlined how the marketplace of ideas is not free, but is shaped by public and private influences. The concept of disinformation is not only influenced by public actors, but also by other actors governing online speech. One inevitable element of the discussion is the key role of private parties, particularly online platforms, within the current news and information ecosystem. The process of content moderation contributes to setting standards for tackling disinformation, increasing the power of online platforms to make decisions on constitutional conflicting interests. -- Within this framework, this book provides a comparative constitutional analysis of the relationship between freedom of speech and disinformation. By examining reports which focus on Belgium, Canada, Croatia, the European Union, Finland, France, Germany, Hungary, Italy, Japan, Macau, Romania, Turkey, the United Kingdom, the United States of America and Vietnam, this book analyses the constitutional challenges of balancing freedom of speech and falsehood, and the approaches adopted to deal with the spread of disinformation.
Download or read book Free Speech and the Regulation of Social Media Content written by Valerie C. Brannon and published by Independently Published. This book was released on 2019-04-03 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the Supreme Court has recognized, social media sites like Facebook and Twitter have become important venues for users to exercise free speech rights protected under the First Amendment. Commentators and legislators, however, have questioned whether these social media platforms are living up to their reputation as digital public forums. Some have expressed concern that these sites are not doing enough to counter violent or false speech. At the same time, many argue that the platforms are unfairly banning and restricting access to potentially valuable speech. Currently, federal law does not offer much recourse for social media users who seek to challenge a social media provider's decision about whether and how to present a user's content. Lawsuits predicated on these sites' decisions to host or remove content have been largely unsuccessful, facing at least two significant barriers under existing federal law. First, while individuals have sometimes alleged that these companies violated their free speech rights by discriminating against users' content, courts have held that the First Amendment, which provides protection against state action, is not implicated by the actions of these private companies. Second, courts have concluded that many non-constitutional claims are barred by Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which provides immunity to providers of interactive computer services, including social media providers, both for certain decisions to host content created by others and for actions taken "voluntarily" and "in good faith" to restrict access to "objectionable" material. Some have argued that Congress should step in to regulate social media sites. Government action regulating internet content would constitute state action that may implicate the First Amendment. In particular, social media providers may argue that government regulations impermissibly infringe on the providers' own constitutional free speech rights. Legal commentators have argued that when social media platforms decide whether and how to post users' content, these publication decisions are themselves protected under the First Amendment. There are few court decisions evaluating whether a social media site, by virtue of publishing, organizing, or even editing protected speech, is itself exercising free speech rights. Consequently, commentators have largely analyzed the question of whether the First Amendment protects a social media site's publication decisions by analogy to other types of First Amendment cases. There are at least three possible frameworks for analyzing governmental restrictions on social media sites' ability to moderate user content. Which of these three frameworks applies will depend largely on the particular action being regulated. Under existing law, social media platforms may be more likely to receive First Amendment protection when they exercise more editorial discretion in presenting user-generated content, rather than if they neutrally transmit all such content. In addition, certain types of speech receive less protection under the First Amendment. Courts may be more likely to uphold regulations targeting certain disfavored categories of speech such as obscenity or speech inciting violence. Finally, if a law targets a social media site's conduct rather than speech, it may not trigger the protections of the First Amendment at all.
Download or read book Social Media Freedom of Speech and the Future of Our Democracy written by Lee C. Bollinger and published by Oxford University Press. This book was released on 2022-08-05 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: A broad explanation of the various dimensions of the problem of bad speech on the internet within the American context. One of the most fiercely debated issues of this era is what to do about bad speech-hate speech, disinformation and propaganda campaigns, and incitement of violence-on the internet, and in particular speech on social media platforms such as Facebook and Twitter. In Social Media, Freedom of Speech, and the Future of our Democracy, Lee C. Bollinger and Geoffrey R. Stone have gathered an eminent cast of contributors--including Hillary Clinton, Amy Klobuchar, Sheldon Whitehouse, Mark Warner, Newt Minow, Tim Wu, Cass Sunstein, Jack Balkin, Emily Bazelon, and others--to explore the various dimensions of this problem in the American context. They stress how difficult it is to develop remedies given that some of these forms of bad speech are ordinarily protected by the First Amendment. Bollinger and Stone argue that it is important to remember that the last time we encountered major new communications technology-television and radio-we established a federal agency to provide oversight and to issue regulations to protect and promote the public interest. Featuring a variety of perspectives from some of America's leading experts on this hotly contested issue, this volume offers new insights for the future of free speech in the social media era.
Download or read book Dilemmas of Free Expression written by Emmett Macfarlane and published by University of Toronto Press. This book was released on 2021-11-08 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free expression is under threat. Social media and fake news, misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies.
Download or read book Social Media and the Public Interest written by Philip M. Napoli and published by Columbia University Press. This book was released on 2019-08-27 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: Facebook, a platform created by undergraduates in a Harvard dorm room, has transformed the ways millions of people consume news, understand the world, and participate in the political process. Despite taking on many of journalism’s traditional roles, Facebook and other platforms, such as Twitter and Google, have presented themselves as tech companies—and therefore not subject to the same regulations and ethical codes as conventional media organizations. Challenging such superficial distinctions, Philip M. Napoli offers a timely and persuasive case for understanding and governing social media as news media, with a fundamental obligation to serve the public interest. Social Media and the Public Interest explores how and why social media platforms became so central to news consumption and distribution as they met many of the challenges of finding information—and audiences—online. Napoli illustrates the implications of a system in which coders and engineers drive out journalists and editors as the gatekeepers who determine media content. He argues that a social media–driven news ecosystem represents a case of market failure in what he calls the algorithmic marketplace of ideas. To respond, we need to rethink fundamental elements of media governance based on a revitalized concept of the public interest. A compelling examination of the intersection of social media and journalism, Social Media and the Public Interest offers valuable insights for the democratic governance of today’s most influential shapers of news.
Download or read book Media and Law written by Mathieu Deflem and published by Emerald Group Publishing. This book was released on 2021-04-23 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: For its breadth and depth of research, this is an essential text for researchers and students of, sociology, law, criminology, and criminal justice. Everything from traditional mass media, to increasingly important social networking sites are explored to understand issues around free speech and censorship, in the modern day.
Download or read book Free Speech written by Matteo Bonotti and published by John Wiley & Sons. This book was released on 2021-05-24 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of speech is never very far away from political controversy. In recent years, the rise of populism, the ‘cancel culture’ phenomenon, and online hate attacks are among the developments that have kept it at the forefront of both public and academic discussion. In this new introduction to the subject, Matteo Bonotti and Jonathan Seglow offer an accessible analysis of debates around freedom of speech. They introduce and critically examine three major philosophical arguments for freedom of speech that are based on the values of truth, autonomy, and democracy. They apply these arguments to issues including hate speech, offensive speech, and pornography, and also tackle pressing current issues such as ‘fake news’ and public shaming. This book will be essential for anyone wishing to understand the contemporary significance and philosophical roots of free speech, and how it relates to debates about democracy, feminism and multiculturalism.
Download or read book Dilemmas of Free Expression written by Emmett Macfarlane and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Free expression is under threat. Social media and "fake news," misinformation, and disinformation have prompted governments to propose new forms of regulation that are deeply challenging to free expression. Hate speech, far-right populism, campus speech debates, and censorship consistently make headlines in Canada and abroad. Dilemmas of Free Expression offers forward-looking appraisals of ways to confront challenging moral issues, policy problems, and controversies that pay heed to the fundamental right to free expression. The essays in this volume offer timely analyses of the law, policy, and philosophical challenges, and social repercussions to our understanding of expressive freedom in relation to government obligations and public discourse. Free expression and its limits are multifaceted, deeply complex, inherently values-based, and central to the ability of a society to function. Dilemmas of Free Expression addresses the challenges of limiting free expression across a host of issues through an analyses by leading and emerging voices in a number of disciplines, including political science, law, philosophy, and Indigenous studies."--
Download or read book The Short Life and Curious Death of Free Speech in America written by Ellis Cose and published by HarperCollins. This book was released on 2020-09-15 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.
Download or read book Minorities Free Speech and the Internet written by Oscar Pérez de la Fuente and published by Taylor & Francis. This book was released on 2023-03-14 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minorities, Free Speech and the Internet explores the regulation of free speech online and offline. Views are divided as to how much regulation of the Internet is appropriate. Some argue that it should be an unregulated space for free content. On the other hand, in many democracies, online hate speech, harassment and xenophobia are prohibited and punished. This book provides a forum for leading international scholars to address domestic and comparative dimensions of this complex legal conundrum. First, the authors analyse the free speech and Internet regulations in different legal cultures, including the United States, Europe, China and Russia. Second, they study fake news, extreme right speech and the implications of hate speech on pluralistic society. Third, they examine different case law addressing minority sensibilities, historical discriminations, offensive propaganda and other issues particularly concerning minorities and free speech. This book will be of interest to students and scholars interested in the topics of hate speech and minorities, democracy, misinformation and debates about the Internet, as well as political science researchers.
Download or read book The First written by Stanley Fish and published by Simon and Schuster. This book was released on 2019-11-05 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: From celebrated public intellectual, New York Times bestselling author, and “America’s most famous professor” (BookPage) comes an urgent and sharply observed look at freedom of speech and the First Amendment offering a “nonpartisan take on what it does and doesn’t protect and what kind of speech it should and shouldn’t regulate” (Publishers Weekly). How does the First Amendment really work? Is it a principle or a value? What is hate speech and should it always be banned? Are we free to declare our religious beliefs in the public square? What role, if any, should companies like Facebook play in policing the exchange of thoughts, ideas, and opinions? With clarity and power, Stanley Fish explores these complex questions in The First. From the rise of fake news, to the role of tech companies in monitoring content (including the President’s tweets), to Colin Kaepernick’s kneeling protest, First Amendment controversies continue to dominate the news cycle. Across America, college campus administrators are being forced to balance free speech against demands for safe spaces and trigger warnings. With “thoughtful, dense provocations that will require close attention” (Kirkus Reviews), Fish ultimately argues that freedom of speech is a double-edged concept; it frees us from constraints, but it also frees us to say and do terrible things. Urgent and controversial, The First is sure to ruffle feathers, spark dialogue, and shine new light on one of America’s most cherished—and debated—constitutional rights.
Download or read book The Free Speech Century written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2018-12-04 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's 1919 decision in Schenck vs. the United States is one of the most important free speech cases in American history. Written by Oliver Wendell Holmes, it is most famous for first invoking the phrase "clear and present danger." Although the decision upheld the conviction of an individual for criticizing the draft during World War I, it also laid the foundation for our nation's robust protection of free speech. Over time, the standard Holmes devised made freedom of speech in America a reality rather than merely an ideal. In The Free Speech Century, two of America's leading First Amendment scholars, Lee C. Bollinger and Geoffrey R. Stone, have gathered a group of the nation's leading constitutional scholars--Cass Sunstein, Lawrence Lessig, Laurence Tribe, Kathleen Sullivan, Catherine McKinnon, among others--to evaluate the evolution of free speech doctrine since Schenk and to assess where it might be headed in the future. Since 1919, First Amendment jurisprudence in America has been a signal development in the history of constitutional democracies--remarkable for its level of doctrinal refinement, remarkable for its lateness in coming (in relation to the adoption of the First Amendment), and remarkable for the scope of protection it has afforded since the 1960s. Over the course of The First Amendment Century, judicial engagement with these fundamental rights has grown exponentially. We now have an elaborate set of free speech laws and norms, but as Stone and Bollinger stress, the context is always shifting. New societal threats like terrorism, and new technologies of communication continually reshape our understanding of what speech should be allowed. Publishing on the one hundredth anniversary of the decision that laid the foundation for America's free speech tradition, The Free Speech Century will serve as an essential resource for anyone interested in how our understanding of the First Amendment transformed over time and why it is so critical both for the United States and for the world today.
Download or read book New Media and Freedom of Expression written by András Koltay and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
Download or read book Social Media and Democracy written by Nathaniel Persily and published by Cambridge University Press. This book was released on 2020-09-03 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: A state-of-the-art account of what we know and do not know about the effects of digital technology on democracy.
Download or read book Fake News written by Melissa Zimdars and published by MIT Press. This book was released on 2020-02-18 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: New perspectives on the misinformation ecosystem that is the production and circulation of fake news. What is fake news? Is it an item on Breitbart, an article in The Onion, an outright falsehood disseminated via Russian bot, or a catchphrase used by a politician to discredit a story he doesn't like? This book examines the real fake news: the constant flow of purposefully crafted, sensational, emotionally charged, misleading or totally fabricated information that mimics the form of mainstream news. Rather than viewing fake news through a single lens, the book maps the various kinds of misinformation through several different disciplinary perspectives, taking into account the overlapping contexts of politics, technology, and journalism. The contributors consider topics including fake news as “disorganized” propaganda; folkloric falsehood in the “Pizzagate” conspiracy; native advertising as counterfeit news; the limitations of regulatory reform and technological solutionism; Reddit's enabling of fake news; the psychological mechanisms by which people make sense of information; and the evolution of fake news in America. A section on media hoaxes and satire features an oral history of and an interview with prankster-activists the Yes Men, famous for parodies that reveal hidden truths. Finally, contributors consider possible solutions to the complex problem of fake news—ways to mitigate its spread, to teach students to find factually accurate information, and to go beyond fact-checking. Contributors Mark Andrejevic, Benjamin Burroughs, Nicholas Bowman, Mark Brewin, Elizabeth Cohen, Colin Doty, Dan Faltesek, Johan Farkas, Cherian George, Tarleton Gillespie, Dawn R. Gilpin, Gina Giotta, Theodore Glasser, Amanda Ann Klein, Paul Levinson, Adrienne Massanari, Sophia A. McClennen, Kembrew McLeod, Panagiotis Takis Metaxas, Paul Mihailidis, Benjamin Peters, Whitney Phillips, Victor Pickard, Danielle Polage, Stephanie Ricker Schulte, Leslie-Jean Thornton, Anita Varma, Claire Wardle, Melissa Zimdars, Sheng Zou
Download or read book Your Post Has Been Removed written by Frederik Stjernfelt and published by Springer Nature. This book was released on 2019-01-01 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access monograph argues established democratic norms for freedom of expression should be implemented on the internet. Moderating policies of tech companies as Facebook, Twitter and Google have resulted in posts being removed on an industrial scale. While this moderation is often encouraged by governments - on the pretext that terrorism, bullying, pornography, "hate speech" and "fake news" will slowly disappear from the internet - it enables tech companies to censure our society. It is the social media companies who define what is blacklisted in their community standards. And given the dominance of social media in our information society, we run the risk of outsourcing the definition of our principles for discussion in the public domain to private companies. Instead of leaving it to social media companies only to take action, the authors argue democratic institutions should take an active role in moderating criminal content on the internet. To make this possible, tech companies should be analyzed whether they are approaching a monopoly. Antitrust legislation should be applied to bring those monopolies within democratic governmental oversight. Despite being in different stages in their lives, Anne Mette is in the startup phase of her research career, while Frederik is one of the most prolific philosophers in Denmark, the authors found each other in their concern about Free Speech on the internet. The book was originally published in Danish as Dit opslag er blevet fjernet - techgiganter & ytringsfrihed. Praise for 'Your Post has been Removed' "From my perspective both as a politician and as private book collector, this is the most important non-fiction book of the 21st Century. It should be disseminated to all European citizens. The learnings of this book and the use we make of them today are crucial for every man, woman and child on earth. Now and in the future." Jens Rohde, member of the European Parliament for the Alliance of Liberals and Democrats for Europe "This timely book compellingly presents an impressive array of information and analysis about the urgent threats the tech giants pose to the robust freedom of speech and access to information that are essential for individual liberty and democratic self-government. It constructively explores potential strategies for restoring individual control over information flows to and about us. Policymakers worldwide should take heed!" Nadine Strossen, Professor, New York Law School. Author, HATE: Why We Should Resist It with Free Speech, Not Censorship.
Download or read book Freedom of Expression and the Media written by Merris Amos and published by Martinus Nijhoff Publishers. This book was released on 2012-07-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories such as those of: justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice.
