Sex, Lies, and Videotape: Deep Fakes and Free Speech Delusions

7 Pages Posted: 6 Sep 2019

See all articles by Mary Anne Franks

Mary Anne Franks

University of Miami School of Law

Ari Ezra Waldman

Northeastern University; Princeton University Center for Information Technology Policy

Date Written: August 10, 2019

Abstract

The longstanding position of civil libertarians that harmful speech should generally be tolerated instead of regulated is based on three interrelated claims about free speech. One is that an unfettered “marketplace of ideas” ultimately leads to the discovery of truth. The second, closely related to the first, is that harmful speech is always best addressed through counterspeech rather than regulation. The third is that even well-intentioned and modest regulations of speech will ultimately be used to silence minority or dissident voices. Whatever merit these claims may have had in the past, they cannot be sustained in the digital age. Unbridled, unlimited free speech rights, especially in an era of technologically mediated expression, have led to the disintegration of truth, the reign of unanswerable speech, and the silencing and self-censorship of women, queer people, persons of color, and other racial and ethnic minorities.

Keywords: free speech, marketplace of ideas, deep fakes, privacy, technology, law and society, first amendment

Suggested Citation

Franks, Mary Anne and Waldman, Ari Ezra, Sex, Lies, and Videotape: Deep Fakes and Free Speech Delusions (August 10, 2019). Maryland Law Review, Vol. 78, 2019, NYLS Legal Studies Research Paper No. 3445037, University of Miami Legal Studies Research Paper Forthcoming, Available at SSRN: https://ssrn.com/abstract=3445037

Mary Anne Franks

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States

HOME PAGE: http://www.law.miami.edu/faculty/mary-anne-franks

Ari Ezra Waldman (Contact Author)

Northeastern University

416 Huntington Avenue
Boston, MA 02115
United States

Princeton University Center for Information Technology Policy ( email )

C231A E-Quad
Olden Street
Princeton, NJ 08540
United States

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