Description
Book SynopsisTrade ReviewThis book is strongly recommended for those interested in the intersection of social media and politics and for instructors looking for readily comprehensible articles for their upper-division courses. * J. McQuiston, CHOICE *
In this elegant volume, equally valuable to specialists and lay readers, two lifelong scholars of First Amendment jurisprudence gather an array of experts to explore the problems presented by digital technology and their possible solutions. * Jessica T. Mathews, Foreign Affairs *
Lee Bollinger and Geoffrey Stone have done a great public service by assembling this extraordinary group of contributors to think through the risks to democracy posed by social media and the internet. Protecting our constitutional traditions, in the face of seismic technological change, and the unmooring of democratic foundations is one of the greatest challenges of our times. Yet, what emerges from this volume's thoughtfully constructed collection of essays, and the hard choices made by a commission tasked with synthesizing the many perspectives presented here, is invaluable guidance for what must be done now if we are to preserve meaningful public discourse and our democracy. The fact that so many distinguished leaders from government, academia, the tech industry, and journalism devoted their time to this project underscores the urgent need to chart a new course. * Valerie Jarrett, Former Senior Advisor to the President of the United States *
I can think of no better introduction to the highly consequential question of regulating speech on social media. Bollinger and Stone have assembled an outstanding array of authors who, with clarity, felicity, and deep knowledge, cover the many facets of this pressing problem. * Robert Post, , Sterling Professor of Law, Yale Law School *
Events in recent years have made plain the challenges that social media platforms present to our democracy-harmful speech, divisive speech, misinformation, foreign interference, and more. The First Amendment stands as both an ideal and a potential obstacle in addressing these challenges. Bollinger and Stone have enlisted an extraordinary array of leading experts to tackle these issues from all angles. This volume is invaluable for understanding and charting the future of American democracy. * Jack Goldsmith, Learned Hand Professor of Law, Harvard University *
Table of ContentsAcknowledgments List of Contributors Opening Statement Lee C. Bollinger and Geoffrey R. Stone Regulating Harmful Speech on Social Media: The Current Legal Landscape and Policy Proposals Andrew J. Ceresney, Jeffrey P. Cunard, Courtney M. Dankworth, and David A. O'Neil Part One: An Overview of the Problem 1 Social Media and First Amendment Fault Lines David A. Strauss: 2 A Deliberate Leap in the Opposite Direction: The Need to Rethink Free Speech Larry Kramer: 3 The Disinformation Dilemma Emily Bazelon: 4 A Framework for Regulating Falsehoods Cass R. Sunstein: Part Two: Reforming Section 5 The Free Speech Industry Mary Anne Franks: 6 The Golden Era of Free Speech Erwin Chemerinsky and Alex Chemerinsky: 7 Section 230 Reforms Sheldon Whitehouse: Part Three: Content Moderation and the Problem of Algorithms 8 Algorithms, Affordances, and Agency Renée DiResta: 9 The Siren Call of Content Moderation Formalism evelyn douek: 10 Free Speech on Public Platforms Jamal Greene: 11 The Limits of Antidiscrimination Law in the Digital Public Sphere Genevieve Lakier: 12 Platform Power, Online Speech, and the Search for New Constitutional Categories Nathaniel Persily: 13 Strategy and Structure: Understanding Online Disinformation and How Commitments to "Free Speech" Complicate Mitigation Approaches Kate Starbird: Part Four: Other Possible Reforms 14 To Reform Social Media, Reform Informational Capitalism Jack M. Balkin: 15 Follow the Money, Back to Front Yochai Benkler: 16 The First Amendment Does Not Protect Replicants Lawrence Lessig: 17 Social Media, Distrust, and Regulation: A Conversation Newton N. Minow, Nell Minow, Martha Minow, and Mary Minow: 18 Profit Over People: How to Make Big Tech Work for Americans Amy Klobuchar: Report of the Commission Katherine Adams, Martin Baron, Lee C. Bollinger, Hillary Clinton, Jelani Cobb, Russ Feingold, Christina Paxson, Geoffrey R. Stone Concluding Statement Lee C. Bollinger and Geoffrey R. Stone Notes Index
