Empowering Speech by Moderating It

14 Pages Posted: 24 Sep 2024

See all articles by Danielle Keats Citron

Danielle Keats Citron

University of Virginia School of Law

Jon Penney

Osgoode Hall Law School; Harvard University - Berkman Klein Center for Internet & Society; Citizen Lab, University of Toronto

Date Written: August 14, 2024

Abstract

Content moderation is typically viewed as an affront to free expression. When companies remove online abuse, they face accusations of censorship. Lost in the discussion is the fact that victims of intimate privacy violations and cyberstalking typically-and regrettably-withdraw from on-and offline activities. Online assaults chase targeted individuals offline; they silence victims. Content moderation can secure opportunities for people to speak. Legal and corporate prohibitions against intimate privacy violations and cyberstalking can help provide the reassurance that victims need to stay online. They can endow individuals with a sense of trust so they continue to use networked technologies to express themselves. Those prohibitions are consonant with First Amendment doctrine and free speech values. Combating online abuse isn't a zero-sum game with free speech as the loser. Rather, it can free us to speak by changing the culture that rewards abuse and encourages self-censorship.

Suggested Citation

Citron, Danielle Keats and Penney, Jonathon, Empowering Speech by Moderating It (August 14, 2024). Daedalus, volume 153, issue 3, 2024[10.1162/daed_a_02087], Osgoode Legal Studies Research Paper No. 4939641, Available at SSRN: https://ssrn.com/abstract=4939641 or http://dx.doi.org/10.1162/daed_a_02087

Danielle Keats Citron (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

Jonathon Penney

Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

Citizen Lab, University of Toronto ( email )

Munk School of Global Affairs
University of Toronto
Toronto, Ontario M5S 3K7
Canada

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