First Amendment

Date/Time: Wednesday, April 07, 2021 at 6:00 pm

Cancel Culture, Hurtful Speech and the First Amendment

The program will explore recent calls for regulation or censorship of speech on the internet, both in the United States and abroad. The program will begin with an overview of the various meanings of ‘cancel culture’ as it implicates First Amendment values, the actions being taken by the private sector (particularly Big Tech) in that regard, and the rationales being offered for regulation or censorship of speech on the internet. The second segment will look at proposed governmental responses by the UK, the EU and other non-US jurisdictions to the regulation or censorship of internet speech, while the third segment will look at proposed governmental responses in US jurisdictions. The final segment will take a more general look at policy-oriented commentary from both Democratic and Republican leaning commentators. As always with the First Amendment program, we encourage your active participation – however that can be managed in the Time of Covid.

Program Materials:

The Facebook white paper (Feb 2020):

Interview with then-candidate and now President Biden with the NYT Editorial Board in January 2020:

Proposed bill in Wyoming:

Proposed bill introduced in January 2020 in the US Senate by Sens. Hawley, Rubio, Cotton and others, titled “Limiting Section 230 to Good Samaritans Act”:

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Competitive Enterprise Institute white paper -- Terrible Tech 2.0:  .

Brookings Institute paper:

Digital Services Act:

Digital Markets Act:

EU Convention on Human Rights:

Charter of Fundamental Rights of the EU:

Final report of the High Level Expert Group on Fake News and Online Disinformation:

Malwarebytes Inc. v. Enigma Software Group USA, LLC, 592 U.S. ____ (2020)

Joseph R. Biden, Jr., President of the United States, Et Al. v. Knight First Amendment Institute at
Columbia University, Et Al.