Of Systems Thinking and Straw Men

24 Pages Posted: 2 May 2023 Last revised: 10 Feb 2024

See all articles by Kate Klonick

Kate Klonick

St. John's University - School of Law; Yale University - Yale Information Society Project

Date Written: April 20, 2023

Abstract

Professor Kate Klonick critiques Content Moderation as Systems Thinking by Professor Evelyn Douek for framing its approach — understanding the moderation of online content as through the dynamic and structural lens of “systems thinking” — as a superior alternative to the “standard” scholarly picture of content moderation. Specifically, Klonick argues that, while she fully supports this concededly ill-defined conception of systems thinking, the standard model to which it is contrasted does not exist; instead, Douek’s “ambitious and modest” approach is one that has been used consistently by scholars of online speech for decades. This misrepresentation, Klonick writes, misdiagnoses the problem. The “either-or” approach fails to recognize that focusing on both the forest and the trees is crucial to thinking about systems of content moderation, and it “undermines efforts to achieve the real-world accountability that Douek — and so many others — are ultimately after.”

Keywords: content moderation, online speech, governance, systems thinking, systems theory, communication theory, online speech law, internet law, new governors

Suggested Citation

Klonick, Kate, Of Systems Thinking and Straw Men (April 20, 2023). 136 Harv. L. Rev. F. 339, 2023, St. John's Legal Studies Research Paper No. 23-0021, Available at SSRN: https://ssrn.com/abstract=4424585 or http://dx.doi.org/10.2139/ssrn.4424585

Kate Klonick (Contact Author)

St. John's University - School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

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