Overview

"Americans of all political persuasions fear that ""free speech"" is under attack. This may seem strange at a time when legal protections for free expression remain strong and overt government censorship minimal. Yet a range of political, economic, social, and technological developments have raised profound challenges for how we manage speech. New threats to political discourse are mounting-from the rise of authoritarian populism and national security secrecy to the decline of print journalism and public trust in experts to the ""fake news,"" trolling, and increasingly subtle modes of surveillance made possible by digital technologies. The Perilous Public Square brings together leading thinkers to identify and investigate today's multifaceted threats to free expression. They go beyond the campus and the courthouse to pinpoint key structural changes in the means of mass communication and forms of global capitalism. Beginning with Tim Wu's inquiry into whether the First Amendment is obsolete, Matthew Connelly, Jack Goldsmith, Kate Klonick, Frederick Schauer, Olivier Sylvain, and Heather Whitney explore ways to address these dangers and preserve the essential features of a healthy democracy. Their conversations with other leading thinkers, including Danielle Keats Citron, Jelani Cobb, Frank Pasquale, Geoffrey R. Stone, Rebecca Tushnet, and Kirsten Weld, cross the disciplinary boundaries of First Amendment law, internet law, media policy, journalism, legal history, and legal theory, offering fresh perspectives on fortifying the speech system and reinvigorating the public square."

Full Product Details

Author:   David E. Pozen
Publisher:   Columbia University Press
Imprint:   Columbia University Press
ISBN:  

9780231197120

ISBN 10:   0231197128
Pages:   408
Publication Date:   16 June 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Introduction, by David E. Pozen 1. Is the First Amendment Obsolete?, by Tim Wu Reflections on Whether the First Amendment Is Obsolete, by Geoffrey R. Stone Not Waving but Drowning: Saving the Audience from the Floods, by Rebecca Tushnet 2. From the Heckler's Veto to the Provocateur's Privilege, by David E. Pozen The Hostile Audience Revisited, by Frederick Schauer Unsafe Spaces, by Jelani Cobb Heading Off the Hostile Audience, by Mark Edmundson Costing Out Campus Speaker Restrictions, by Suzanne B. Goldberg Policing, Protesting, and the Insignificance of Hostile Audiences, by Rachel A. Harmon 3. Straining (Analogies) to Make Sense of the First Amendment in Cyberspace, by David E. Pozen Search Engines, Social Media, and the Editorial Analogy, by Heather Whitney Of Course the First Amendment Protects Google and Facebook (and It's Not a Close Question), by Eric Goldman The Problem Isn't the Use of Analogies but the Analogies Courts Use, by Genevieve Lakier Preventing a Posthuman Law of Freedom of Expression, by Frank Pasquale 4. Intermediary Immunity and Discriminatory Designs, by David E. Pozen Discriminatory Designs on User Data, by Olivier Sylvain Section 230's Challenge to Civil Rights and Civil Liberties, by Danielle Keats Citron To Err Is Platform, by James Grimmelmann Toward a Clearer Conversation About Platform Liability, by Daphne Keller 5. The De-Americanization of Internet Freedom, by David E. Pozen The Failure of Internet Freedom, by Jack Goldsmith The Limits of Supply-Side Internet Freedom, by David Kaye Internet Freedom Without Imperialism, by Nani Jansen Reventlow and Jonathan McCully 6. Crisis in the Archives, by David E. Pozen State Secrecy, Archival Negligence, and the End of History as We Know It, by Matthew Connelly A Response from the National Archives, by David S. Ferriero Rescuing History (and Accountability) from Secrecy, by Elizabeth Goitein Archiving as Politics in the National Security State, by Kirsten Weld 7. Authoritarian Constitutionalism in Facebookland, by David E. Pozen Facebook v. Sullivan, by Kate Klonick Meet the New Governors, Same as the Old Governors, by Enrique Armijo Newsworthiness and the Search for Norms, by Amy Gajda Profits v. Principles, by Sarah C. Haan Contributors Index

Reviews

Justice Oliver Wendell Holmes once famously said that free speech is an experiment, as all life is an experiment. The meaning and wisdom of that experiment long have been, and continue to be debated. This has never been truer than it is today, as new communications technologies and rapidly shifting political norms call into question old assumptions about speech, information, and their relationships to democratic governance. In this volume, top-notch thinkers from a range of backgrounds and perspectives tackle these vexing questions. The result is timely, engrossing, and deeply informed. A must-read for anyone who cares about the future of free speech and democracy. -- Heidi Kitrosser, Robins Kaplan Professor of Law, University of Minnesota The Perilous Public Square provides the type of provocative, outside-the-box thinking we so desperately need right now. This collection brings together a stellar group of legal scholars in a format that includes the challenging of, and elaboration on, the core essays' principal arguments. The result is a compelling and thought-provoking collection that represents a vital contribution to a number of contemporary communications policy debates. -- Philip M. Napoli, author of <i>Social Media and the Public Interest: Media Regulation in the Disinformation Age</i> This volume is terrific and timely, and essential reading for anyone trying to make sense of how to think about expression, the platform monopolies, threats, and what the public sphere means today. It challenges shibboleths you may not realize you have. The diverse writers directly and eloquently fight each other in these pages, helping clarify both the stakes and the disagreements about not only what to do, but how to do talk about what to do with some of the most maddening and massive threats to democratic life and discussion. -- Zephyr Teachout, author of <i>Break 'Em Up: Recovering Our Freedom from Big Ag, Big Tech, and Big Money</i> A perfect book for our time, and a true public service. A terrific and impressively diverse collection, exploring multiple threats to freedom of speech. -- Cass R. Sunstein, Robert Walmsley University Professor, Harvard University

A perfect book for our time, and a true public service. A terrific and impressively diverse collection, exploring multiple threats to freedom of speech. -- Cass R. Sunstein, Robert Walmsley University Professor, Harvard University This volume is terrific and timely, and essential reading for anyone trying to make sense of how to think about expression, the platform monopolies, threats, and what the public sphere means today. It challenges shibboleths you may not realize you have. The diverse writers directly and eloquently fight each other in these pages, helping clarify both the stakes and the disagreements about not only what to do, but how to do talk about what to do with some of the most maddening and massive threats to democratic life and discussion. -- Zephyr Teachout, author of <i>Break 'Em Up: Recovering Our Freedom from Big Ag, Big Tech, and Big Money</i> The Perilous Public Square provides the type of provocative, outside-the-box thinking we so desperately need right now. This collection brings together a stellar group of legal scholars in a format that includes the challenging of, and elaboration on, the core essays' principal arguments. The result is a compelling and thought-provoking collection that represents a vital contribution to a number of contemporary communications policy debates. -- Philip M. Napoli, author of <i>Social Media and the Public Interest: Media Regulation in the Disinformation Age</i> Justice Oliver Wendell Holmes once famously said that free speech is an experiment, as all life is an experiment. The meaning and wisdom of that experiment long have been, and continue to be debated. This has never been truer than it is today, as new communications technologies and rapidly shifting political norms call into question old assumptions about speech, information, and their relationships to democratic governance. In this volume, top-notch thinkers from a range of backgrounds and perspectives tackle these vexing questions. The result is timely, engrossing, and deeply informed. A must-read for anyone who cares about the future of free speech and democracy. -- Heidi Kitrosser, Robins Kaplan Professor of Law, University of Minnesota

A perfect book for our time, and a true public service. A terrific and impressively diverse collection, exploring multiple threats to freedom of speech. -- Cass R. Sunstein, Robert Walmsley University Professor, Harvard University

Author Information

David E. Pozen is Charles Keller Beekman Professor of Law at Columbia Law School and served as the inaugural visiting scholar at the Knight First Amendment Institute. He is coeditor of Troubling Transparency: The History and Future of Freedom of Information (Columbia, 2018). In 2019, the American Law Institute awarded Pozen its Early Career Scholars Medal.

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