Reason: Should Free Speech Pessimists Look to Europe?

By Jacob Mchangama Free speech pessimism is on the rise among America’s elites. “Free Speech Is Killing Us,” read a 2019 op-ed in The New York Times. Recently, an article in The New York Times Magazine concluded, “It’s time to ask whether the American way of protecting free speech is actually keeping us free.” George Washington University Law […]

Naples Daily News: Florida Abandons Free Speech Principles to Combat DEI Excesses

By Jacob Mchangama It is undeniable that the proliferation of diversity, equity, and inclusion (DEI) programs on college campuses and in the workplace has contributed to a censorious atmosphere throughout U.S. culture. Some employees fear reprisal for speaking about certain issues in the office while college faculty and guest speakers have been shouted down, condemned, disinvited, or […]

Law & Liberty: Free Speech Beyond the Marketplace

By Elizabeth Amato Reviewed: Liar in a Crowded Theater by Jeff Kosseff  How can we defend free speech to those who show little interest in preserving an unfettered “marketplace of ideas”? In March 2020, Waylon Bailey posted on Facebook a joke about zombies, and how his local sheriff’s office in Forest Hill, Louisiana had orders […]

Lawfare: Have Trouble Understanding Section 230? Don’t Worry. So Does the Supreme Court.

By Jeff Kosseff Last year, the Supreme Court had a chance to interpret Section 230 of the Communications Decency Act for the first time. The Court was hearing Gonzalez v. Google, in which the lower court held that the 1996 law shielded Google from a lawsuit filed by the family of an Islamic State shooting victim. During oral […]

NYT: Social Media Is a Mess. Government Meddling Would Only Make It Worse.

Jeff Kosseff in New York Times This term, the Supreme Court will reconsider America’s laissez-faire approach to regulating the internet, and in doing so it will address vital and new First Amendment questions. Can states stop social media sites from blocking certain content? Can the federal government pressure platforms to remove content it disagrees with? […]

Wired: The Internet Speech Case That the Supreme Court Can’t Dodge

WHEN THE US Supreme Court agreed to hear Gonzalez v. Google, its first case involving Section 230 of the Communications Decency Act, the tech-policy world was laser-focused on its implications. The week before oral arguments, in February last year, the Brookings Institution held a panel touting the case’s “power to reshape the internet.” The New York Times wrote that the case “could have […]

Foreign Policy: Free Speech Social Media Doesn’t Exist

“These concerns imply that social media is a lawless mayhem when it comes to hate speech. But this characterization is wrong. Most platforms have strict rules prohibiting hate speech, which have expanded significantly over the past several years. Many of these policies go far beyond both what’s required and permissible under international human rights law […]

The Daily Beast: The First Amendment Is the Greatest Defense for the Powerless and Marginalized

By Jacob Mchangama and Nadine Strossen The article argues that the First Amendment of the United States Constitution, which protects freedom of speech and freedom of the press, has historically been most important for marginalized and powerless groups in society. The author notes that wealthy and powerful individuals and institutions have always had the means […]

New York Times: What Protects Fox News Also Protects Our Democracy

As Fox News faces a $1.6 billion lawsuit from Dominion Voting Systems over false reporting, the legal principle of “actual malice” is under scrutiny. While some have called for the erosion of this protection for free speech, The Future of Free Speech Projects Senior Fellow @Jeff Kosseff argues that doing so would be a threat […]