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Democracy and free speech: The First Amendment has a Facebook problem


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America’s commitment to free speech is uniquely radical.
The US Constitution treats freedom of expression as the master freedom that makes every other possible. And our legal system reflects this view, which is why it has always been incredibly difficult to suppress or punish speech in this country.
But there has never been a consensus on how to implement the First Amendment. Free speech law has evolved a ton over the years, especially in the aftermath of revolutions in media technology. The birth of radio and television, for example, altered the information landscape, creating new platforms for speech and new regulatory hurdles. ....

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The Great Deplatforming: Facebook, Twitter, and others have cracked down on extremist speech. Now what?


On the morning of Jan. 6, I was cackling over “Stop the Steal” rally attendees’ clueless posts about parking in Washington. Future Tense contributor Faine Greenwood was lurking on TheDonald.win, a Trump fan discussion site, and tweeted the best examples of out-of-towners fretting about the logistics. (I particularly loved the person who thought that 6 a.m. pandemic D.C. traffic was “psycho.” Buddy, you have no idea.) By the end of the day, everything seemed a bit less funny. But as a new and furious round of discussion about deplatforming erupted, it still seemed perfect that the morning began for me with screenshots of TheDonald.win. ....

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Trump may be prosecuted for incitement, experts say


The Globe and Mail
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Oliver Contreras/The New York Times News Service
President Donald Trump could be prosecuted for incitement if evidence shows that he intended his supporters to rise up in violence against Congress, U.S. legal observers say.
Only if lawlessness was imminent and likely, and he intended it, would his actions be exempt from free-speech protections.
But an abundance of evidence exists on which to make a factual determination about his responsibility in the Jan. 6 mob attack on the Capitol, former U.S. prosecutor Michael McAuliffe told The Globe and Mail. ....

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