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 […]

Time: How to Kill Online Free Speech

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 […]

Tech Policy Press: Regulating Online Platforms Beyond the Marco Civil in Brazil – The Controversial “Fake News Bill”

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 […]

Opnio Juris: Hate Speech by Proxy – Sanchez v France and the Dwindling Protection of Freedom of Expression

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 […]

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 […]

Foreign Policy: U.S. Conservatives Are Threatening Global Free Speech

New Foreign Policy piece by Jacob Mchangama, this time with Nadine Strossen on Ron DeSantis, a Republican, who is expected by many to announce his candidacy for president in the coming weeks or months. DeSantis’s call to make it easier to sue the media for `false information’” is part of a larger Republican revolt against […]

Reason: Privileging Blasphemy Norms Over Open Inquiry Plays Into the Hands of Religious Fundamentalists

Hamline University has received considerable backlash for not renewing the employment of a scholar who showed an allegedly “Islamophobic” image of the Prophet Muhammad during an art history class. The university did so, even though the adjunct professor gave ample warnings before and during the class that the image would be shown. According to an […]

Los Angeles Times: Don’t be too tempted by Europe’s plan to fix social media

By Jacob Mchangama For many Americans, social media has become a monster. Platforms like Twitter, Facebook and YouTube are seen as festering hotbeds of hate and misinformation that threaten the very foundations of American democracy and civility. Calls for regulation have intensified, with some prominent voices looking across the pond for a model to regulate […]