Description
Book SynopsisThe Perilous Public Square brings together leading thinkers to identify and investigate today’s multifaceted threats to free expression. They go beyond the campus and the courthouse to pinpoint key structural changes in the means of mass communication and forms of global capitalism.
Trade ReviewA perfect book for our time, and a true public service. A terrific and impressively diverse collection, exploring multiple threats to freedom of speech. -- Cass R. Sunstein, Robert Walmsley University Professor, Harvard University
This volume is terrific and timely, and essential reading for anyone trying to make sense of how to think about expression, the platform monopolies, threats, and what the public sphere means today. It challenges shibboleths you may not realize you have. The diverse writers directly and eloquently fight each other in these pages, helping clarify both the stakes and the disagreements about not only what to do, but how to do talk about what to do with some of the most maddening and massive threats to democratic life and discussion. -- Zephyr Teachout, author of
Break 'Em Up: Recovering Our Freedom from Big Ag, Big Tech, and Big MoneyThe Perilous Public Square provides the type of provocative, outside-the-box thinking we so desperately need right now. This collection brings together a stellar group of legal scholars in a format that includes the challenging of, and elaboration on, the core essays’ principal arguments. The result is a compelling and thought-provoking collection that represents a vital contribution to a number of contemporary communications policy debates. -- Philip M. Napoli, author of
Social Media and the Public Interest: Media Regulation in the Disinformation AgeJustice Oliver Wendell Holmes once famously said that free speech “is an experiment, as all life is an experiment.” The meaning and wisdom of that experiment long have been, and continue to be debated. This has never been truer than it is today, as new communications technologies and rapidly shifting political norms call into question old assumptions about speech, information, and their relationships to democratic governance. In this volume, top-notch thinkers from a range of backgrounds and perspectives tackle these vexing questions. The result is timely, engrossing, and deeply informed. A must-read for anyone who cares about the future of free speech and democracy. -- Heidi Kitrosser, Robins Kaplan Professor of Law, University of Minnesota
A must-read for anyone concerned about the many threats facing free expression today, be they from structural, private, or government (U.S. or otherwise) forces, as well as any number of bad actors. * Criminal Law and Criminal Justice Books *
A thought-provoking, important collection of conversations that embody and manifest the complexity of the challenges that cyberspace presents to “terrestrial” legal thought." * Law and Politics Book Review *
Table of ContentsIntroduction, by David E. Pozen
1. Is the First Amendment Obsolete?, by Tim Wu
Reflections on Whether the First Amendment Is Obsolete, by Geoffrey R. Stone
Not Waving but Drowning: Saving the Audience from the Floods, by Rebecca Tushnet
2. From the Heckler’s Veto to the Provocateur’s Privilege, by David E. Pozen
The Hostile Audience Revisited, by Frederick Schauer
Unsafe Spaces, by Jelani Cobb
Heading Off the Hostile Audience, by Mark Edmundson
Costing Out Campus Speaker Restrictions, by Suzanne B. Goldberg
Policing, Protesting, and the Insignificance of Hostile Audiences, by Rachel A. Harmon
3. Straining (Analogies) to Make Sense of the First Amendment in Cyberspace, by David E. Pozen
Search Engines, Social Media, and the Editorial Analogy, by Heather Whitney
Of Course the First Amendment Protects Google and Facebook (and It’s Not a Close Question), by Eric Goldman
The Problem Isn’t the Use of Analogies but the Analogies Courts Use, by Genevieve Lakier
Preventing a Posthuman Law of Freedom of Expression, by Frank Pasquale
4. Intermediary Immunity and Discriminatory Designs, by David E. Pozen
Discriminatory Designs on User Data, by Olivier Sylvain
Section 230’s Challenge to Civil Rights and Civil Liberties, by Danielle Keats Citron
To Err Is Platform, by James Grimmelmann
Toward a Clearer Conversation About Platform Liability, by Daphne Keller
5. The De-Americanization of Internet Freedom, by David E. Pozen
The Failure of Internet Freedom, by Jack Goldsmith
The Limits of Supply-Side Internet Freedom, by David Kaye
Internet Freedom Without Imperialism, by Nani Jansen Reventlow and Jonathan McCully
6. Crisis in the Archives, by David E. Pozen
State Secrecy, Archival Negligence, and the End of History as We Know It, by Matthew Connelly
A Response from the National Archives, by David S. Ferriero
Rescuing History (and Accountability) from Secrecy, by Elizabeth Goitein
Archiving as Politics in the National Security State, by Kirsten Weld
7. Authoritarian Constitutionalism in Facebookland, by David E. Pozen
Facebook v. Sullivan, by Kate Klonick
Meet the New Governors, Same as the Old Governors, by Enrique Armijo
Newsworthiness and the Search for Norms, by Amy Gajda
Profits v. Principles, by Sarah C. Haan
Contributors
Index
