{"title":"The Meaning of Silence in Cyberspace","authors":"Alexander Brown","doi":"10.1093/oso/9780190883591.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780190883591.003.0013","url":null,"abstract":"It has been argued in the literature on hate speech and subordination theory that even ordinary hate speakers who are not “figures of authority” in the conventional sense can possess the power or authority to subordinate (rank as inferior, deny rights and powers, or legitimate discrimination against) the targets of their hate speech in virtue of the fact that when witnesses to the hate speech remain silent they “license” or grant authority to the hate speaker. A typical example is when a hate speaker targets a victim on public transport and other passengers remain silent. The aim of this chapter is to examine the extent to which this account of licensing is applicable to online hate speech or cyberhate. More generally, the chapter explores whether the potentially distinctive nature of online communication changes the meaning of silence such that it becomes difficult to interpret silence in cyberspace as acquiescence, licensing, or complicity.","PeriodicalId":359550,"journal":{"name":"Free Speech in the Digital Age","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127531072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Search Engines and Free Speech Coverage","authors":"H. Whitney, R. Mark simpson","doi":"10.1093/oso/9780190883591.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780190883591.003.0003","url":null,"abstract":"This chapter investigates whether search engines and other new modes of online communication should be covered by free speech principles. It criticizes the analogical reasoning that contemporary American courts and scholars have used to liken search engines to newspapers, and to extend free speech coverage to them based on that likeness. There are dissimilarities between search engines and newspapers that undermine the key analogy, and also rival analogies that can be drawn which do not recommend free speech protection for search engines. Partly on these bases, we argue that an analogical approach to questions of free speech coverage is of limited use in this context. Credible verdicts about how free speech principles should apply to new modes of online communication require us to re-excavate the normative foundations of free speech. This method for deciding free speech coverage suggests that only a subset of search engine outputs and similar online communication should receive special protection against government regulation.","PeriodicalId":359550,"journal":{"name":"Free Speech in the Digital Age","volume":"103 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124724154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“Not Where Bodies Live”","authors":"M. Franks","doi":"10.1093/oso/9780190883591.003.0009","DOIUrl":"https://doi.org/10.1093/oso/9780190883591.003.0009","url":null,"abstract":"John Perry Barlow, one of the founders of the Electronic Frontier Foundation (EFF), famously claimed in 1996 that the internet “is a world that is both everywhere and nowhere, but it is not where bodies live.” The conception of cyberspace as a realm of pure expression has encouraged an aggressively anti-regulatory approach to the internet. This approach was essentially codified in U.S. federal law in Section 230 of the Communications Decency Act, which invokes free speech principles to provide broad immunity for online intermediaries against liability for the actions of those who use their services. The free speech frame has encouraged an abstract approach to online conduct that downplays its material conditions and impact. Online intermediaries use Section 230 as both a shield and a sword—simultaneously avoiding liability for the speech of others while benefiting from that speech. In the name of free expression, Section 230 allows powerful internet corporations to profit from harmful online conduct while absorbing none of its costs.","PeriodicalId":359550,"journal":{"name":"Free Speech in the Digital Age","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121587406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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