“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 Digital Services Act can out of good intentions have bad consequences around the world” – Jacob Mchangama in The Debate on FRANCE 24 Watch the full debate here.
BY JACOB MCHANGAMA AND JEFF KOSSEFF According to a new landmark decision by the European Court of Human Rights (ECHR), freedom of expression does not immunize public officials from criminal liability if they fail to promptly remove manifestly illegal content (such as “hate speech”) posted on their accounts by followers. The recent decision reveals the censorial route that Europe’s judiciary […]
Joan Barata is a Senior Fellow at Justitia’s Future Free Speech project, and is also a Fellow of the Program on Platform Regulation at the Stanford Cyber Policy Center. Introduction Brazil’s President, Luiz Inácio Lula da Silva, has referred a proposed law to the Congress. Colloquially referred to as the “Fake News Bill,” the draft […]
The Future of Free Speechs Natalie Alkiviadou in Opinio Juris The case of Sanchez v France is seen as a worrying development in the context of freedom of expression, as it involves the criminal conviction of an individual for failing to delete comments made by others on his Facebook post that incited hatred or violence […]
A similar defense is being waged at private institutions. At Harvard University, a group of more than 50 faculty members last month established the Council on Academic Freedom, a group “devoted to free inquiry, intellectual diversity, and civil discourse.” Vanderbilt University, likewise, announced last month that it would become the U.S. foothold for the Future of Free […]
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 […]
The article discusses the challenges of governing free speech, hate speech, and web censorship in the age of the internet, and cites the views Jacob Mchangama. Mchangama’s proposals for balancing the need to protect free expression with the harms caused by hate speech and misinformation are highlighted, and the article suggests that his principles could […]
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 […]
Senior Fellow Jeff Kosseff on why old criminal defamation laws pose a danger to free speech in the digital age. “we’ve seen disturbing examples of charges filed against citizens who criticize local government officials on social media” access article