Beyond the Editorial Analogy: The Future of the First Amendment on the Internet

Communications of the ACM, Jan. 2024, at 36

Minnesota Legal Studies Research Paper No. 24-03

3 Pages Posted: 7 Feb 2024

See all articles by Kyle Langvardt

Kyle Langvardt

University of Nebraska at Lincoln - College of Law

Alan Z. Rozenshtein

University of Minnesota Law School

Date Written: January 12, 2024

Abstract

The First Amendment to the U.S. Constitution prohibits the government, but not private actors, from “abridging the freedom of speech.” State governments have enacted legislation that would compel the large social media platforms to follow First Amendment-style rules. Later this year the Supreme Court will decide if such laws violate platforms’ own First Amendment rights to decide what content to host. The Court should strike down the challenged laws, but it should also recognize that the government has a strong interest in promoting access to private platforms. The future of free expression on the Internet may well depend on it.

Suggested Citation

Langvardt, Kyle and Rozenshtein, Alan Z., Beyond the Editorial Analogy: The Future of the First Amendment on the Internet (January 12, 2024). Communications of the ACM, Jan. 2024, at 36 , Minnesota Legal Studies Research Paper No. 24-03, Available at SSRN: https://ssrn.com/abstract=4692367

Kyle Langvardt

University of Nebraska at Lincoln - College of Law ( email )

103 McCollum Hall
P.O. Box 830902
Lincoln, NE 68583-0902
United States

Alan Z. Rozenshtein (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

HOME PAGE: http://www.law.umn.edu/profiles/alan-rozenshtein

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