#FreeSpeech

Abstract

It has become commonplace to note that courts have struggled with the challenge of applying analog legal concepts to digital spaces, and nowhere is this truer than in the context of the First Amendment. Here, we focus on a very specific aspect of the Internet and social media revolution – the impact on human behavior of this distinct medium of communication – to consider whether the online context of a communication can be expected to affect the behavior either of the speaker or the audience in ways that might be relevant to First Amendment theory and doctrine.

With the emergence of the field of cyberpsychology over the past decade, the complex universe of the online social brain has begun to reveal itself. While much of this space is thus far only roughly mapped and much else is yet to be discovered, there are a number of preliminary findings that have implications for thinking about freedom of speech on the Internet. The nature and effects of disinhibition online, the effect of online social communication on memory and belief about facts and events in the physical world, and the drivers of antisocial behaviors such as flaming, shaming, and trolling – to name just a few – are all fertile ground for analysis and further research as they relate to First Amendment theory, doctrine, and values.

This initial foray into the treacherous terrain at the crossroads of the First Amendment, social media, and human behavior also draws on the evolutionary science of group dynamics and cooperation, which has much to say about how individuals behave within groups, how groups behave with respect to other groups, and the features that can make some groups successful, constructive, egalitarian, and prosocial while others are destructive, hierarchical, violent, and antisocial. It explores the implications of these ideas as they relate to groups that operate in cyberspace.

Keywords: First Amendment, Cyberspeech, Cyberpsychology, Internet Speech