Free Speech, Government Persuasion, and Government Coercion

Free Speech, Government Persuasion, and Government Coercion | Free Speech Unmuted

Рет қаралды 12,709

Ай бұрын

The First Amendment protects against certain kinds of indirect government suppression of speech, as well as direct. That means the government can’t coerce bookstores, platforms, and the like, to remove material. But when does persuasion become coercion? And when, if ever, is even noncoercive persuasion aimed at the removal of speech unconstitutional?
ABOUT THE HOSTS
Eugene Volokh is a visiting fellow(soon to be senior fellow) at the Hoover Institution. For thirty years, he has been a professor at the University of California - Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (7th ed., 2020) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court.
Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies.
ABOUT THE SERIES
Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.
For more information, visit www.hoover.org/publications/f...
The opinions expressed are those of the authors and do not necessarily reflect the opinions of the Hoover Institution or Stanford University.
© 2024 by the Board of Trustees of Leland Stanford Junior University.

Пікірлер: 16

@balduran2003 Ай бұрын

The framers did not envision a government where executive branch agencies exercise any kind of legislative power. That is why the wrote the first amendment to say, "Congress shall make no law..." But the reason the first amendment was written was to prohibit the government abridging freedom of speech or the press. So, if a government agent chooses some other tactic to abridge freedom of speech, they are violating that prohibition. There should be extremely rigid rules to ensure that the government does not influence speech or the press in any way. The speech and press of the people is supposed to influence government, not the other way around.

@judylaparne9761 Ай бұрын

Free speech!

@kabaduck Ай бұрын

Good indication of their guilt in this matter is the fact that they try to hide all of this from the public. If this was all innocent, they would have told the public exactly what they were doing from the get-go but they didn't because they knew it was politically disallowed if not constitutionally disallowed. You will know them as guilty by their behavior.

@owenasmr.m2743 25 күн бұрын

Actually, we CAN listen for hours on end! Thanks guys! It’s a shame this series isn’t more popular, communications and first amendment law is super interesting

@alchemist6098 29 күн бұрын

The unintended consequence of allowing the government to coerce, threaten, etc. non-government entities to restrict them from publishing or posting on the internet classified documents or information will lead to an increase in the number of classified items. As we are seeing currently, the over classification of government information undermines a citizen’s ability to make judgments about the direction of the government, making voting ineffective and perfunctory.

@chandlermccullen3515 Ай бұрын

I was arrested for sending emails... And then put under a $25000 bomd because "i wouldn't shut my mouth". You have no rights.... Admit it

@kabaduck Ай бұрын

The FBI does not have the right to communicate with social media platforms in a private forum because that forum in and of itself with an FBI agent is coercive. If the FBI wants to inform a social media platform of intelligence regarding social media post it should do it in writing only and this writing should be available for public inspection via freedom of information Act or disclosure by the social media platform itself.