Free Speech and Social Media

Several new laws and cases involve free speech and social media. Here are some writings, videos, and events related to this very important topic:

1.?? Video: Privacy Law and the First Amendment (interview with Prof. Gautam Hans)

2.?? Blog Post: First Amendment Expansionism and California’s Age-Appropriate Design Code

3.?? Book: THE FUTURE OF REPUTATION: GOSSIP, RUMOR, AND PRIVACY ON THE INTERNET (entire book available as a free download)

4. Blog Post: Restoring the CDA Section 230 to What It Actually Says

5.?? Keynote at the Privacy+Security Forum: Prof. Jeff Kosseff Fireside Chat about Free Speech, Online Social Media, and Misinformation

1. Video: Privacy Law and the First Amendment

In this video, I talk with Gautam Hans about how the First Amendment intersects with privacy law. We discuss the?NetChoice v. Bonta, the California Age Appropriate Design Code (CAADC) case before the U.S. Court of Appeals for the 9th Circuit, as well as the NetChoice cases before the U.S. Supreme Court (Moody v. NetChoice?and?NetChoice v. Paxton).

2. First Amendment Expansionism and California’s Age-Appropriate Design Code

The district court decision in?NetChoice v. Bonta?(N.D. Cal., Sept. 18, 2023) holding that the California Age-Appropriate Design Code (CAADC) likely violates the First Amendment is a ridiculously expansive interpretation of the First Amendment, one that would annihilate most regulation if applied elsewhere.?

3. Book: THE FUTURE OF REPUTATION: GOSSIP, RUMOR, AND PRIVACY ON THE INTERNET

A while ago, I wrote a book about the issue of free speech and social media, and many of my discussion in the book is quite relevant to the issues being discussed and litigated today. If you look past the dated mentions of social media companies (Facebook was much smaller than today, and there was no TikTok), much of the book’s discussion still holds up quite well.

4. Blog Post: Restoring the CDA Section 230 to What It Actually Says

Many problems with the excesses of online speech stem from the Communications Decency Act (CDA) Section 230.? The problem with Section 230 is that in a bout of free speech zeal, courts have interpreted the law to be far more extensive than it is written or should be.

Read on to learn about what the CDA Section 230 actually says and why expansive interpretations of it have led us to a troubling place.

5. Keynote at the Privacy+Security Forum: Prof. Jeff Kosseff Fireside Chat about Free Speech, Online Social Media, and Misinformation

In this keynote fireside chat, we’ll have a conversation with Prof. Jeff Kossoff (U.S. Naval Academy) about his new book,?LIAR IN A CROWDED THEATER: FREEDOM OF SPEECH IN A WORLD OF MISINFORMATION.?

We’ll discuss social media and free speech -- the new social media laws, the NetChoice cases before the U.S. Supreme Court, regulation of misinformation, and more!

Please join us for the event.? We have limited space and we’re filling up, so please register ASAP!

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Daniel J. Solove is a law professor at the George Washington University Law School and a leading international expert on privacy law. Join the free weekly email newsletter for more great privacy analysis, cartoons, whiteboards, events and resources. Learn more at TeachPrivacy.com. For education and events, check out the Privacy + Security Academy.