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 is choosing, and it provides a cautionary tale as the U.S. Supreme Court faces many challenges to its robust protections for online speech.
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Jacob Mchangama is the Founder and Executive Director of The Future of Free Speech. He is also a research professor at Vanderbilt University and a Senior Fellow at The Foundation for Individual Rights and Expression (FIRE).
Jeff Kosseff is a Non-Resident Senior Fellow for The Future of Free Speech. He writes about online speech, the First Amendment, and Section 230 of the Communications Decency Act.