Freedom of the Press in an Era of Misinformation in advance
2024; Florida State University; Volume: 50; Issue: 4 Linguagem: Inglês
10.5840/soctheorpract20241023228
ISSN2154-123X
Autores Tópico(s)Cybersecurity and Cyber Warfare Studies
ResumoAmidst a flood of dangerous misinformation freely flowing online, we hear rising calls for government regulation of content. Even staunch defenders of free speech increasingly reason that digitization has altered contemporary communications so radically that it warrants changes in our legal treatment of speech. This paper argues that it does not. Such regulation would be wrong in principle and prove counter-productive, in practice. For it fails to address the problem’s root, which is epistemological rather than legal. The paper is in four parts. First, it lays out the “Digital is Different” argument. Next, it responds, through two primary tracks: challenging the Difference Argument’s underlying model of human knowledge acquisition and then analyzing two of the purported game-changers: network effects and the opacity of digital communications, which precipitate calls for transparency. The third part situates my argument against those of John Stuart Mill, the godfather of contemporary defenses of free speech, in order to expose some important differences and thereby sharpen the presentation of my own view. Finally, the paper proposes parallels between press freedom and religious freedom to illuminate the proper posture on government regulation.
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