The First Amendment and Global Online Speech

Abstract

This article explores the tensions of free speech and censorship where social media platforms reign supreme in the U.S., but experience the Brussels effect in Europe and beyond. The catalyst for this inquiry is U.S. congressional efforts to investigate alleged EU censorship of American speech. This article examines competing interests and comparative approaches. In the absence of comprehensive regulation in the U.S., companies engaging in multi-country activity operate under the shadow of European regulation. Does compliance threaten to chill American speech? Is balancing the interest of deterring disinformation possible where freedom of thought is paramount to American ideals? Institutional self-regulation creates a competitive marketplace with some American social media giants engaging in heavy-handed content regulation while others claim to let anything go short of targeted harassment. The aim of this article is to honour American free speech and press principles while appreciating genuine threats that may threaten other core American values such as democracy. Balancing benefits and harms remains preferable given American constitutional and policy priorities. To what extent can the – self-enforced and judicial – remedies reflect this balancing approach like equitable relief rather than the blunt hands of banishment and censorship?

Acknowledgements
For helpful feedback, thanks to participants of the International Free Speech Discussion Forum held at Ludovika University of Public Service, Budapest, Hungary. Special thanks to András Koltay and Ron Krotoszynski for productive discourse and valuable suggestions. Thanks also to research assistant Colson Thornton.