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

Maryland Law Review, Vol. 78, 2019

Posted: 6 Sep 2019 Last revised: 1 Dec 2022

See all articles by Mary Anne Franks

Mary Anne Franks

George Washington University - Law School

Ari Ezra Waldman

University of California, Irvine School of Law

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, Available at SSRN: https://ssrn.com/abstract=3445037

Mary Anne Franks

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

HOME PAGE: http://https://www.law.gwu.edu/mary-anne-franks

Ari Ezra Waldman (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

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