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27 Aug 2023, 9:43 pm by Eugene Volokh
Nicholas Nugent (Univ. of Tennessee) will be guest-blogging this week about his new Washington Law Review [read post]
31 Aug 2023, 6:47 am by Nicholas Nugent
[Even outcasts should be able to subsist on their own land.] (This post is part of a five-part series on regulating online content moderation.) In Part III, I showed how it is technically possible to boot an unpopular speaker or her viewpoints from the internet. Such viewpoint foreclosure, as I call it, can be accomplished when the private entities that administer the internet's core resources—domain names, IP addresses, networks—deny those resources to websites that host… [read post]
29 Aug 2023, 5:37 am by Nicholas Nugent
[It's hard to argue that providing a pipe constitutes a speech act.] (This post is part of a five-part series on regulating online content moderation.) Before we dream up policy recommendations for how the state might intervene when private content moderation runs amok, we should probably figure out whether the state can intervene at all. The First Amendment limits the power of governments to regulate online speech, either directly or indirectly by regulating intermediaries that host… [read post]
5 Sep 2023, 8:06 am by Nicholas Nugent
[Seven-layer stacks, messy anecdotes, and the conservative case for net neutrality.] I want to thank Eugene again for inviting me to guest-blog last week about my new article, The Five Internet Rights. See Parts I, II, III, IV, and V. I thought I'd follow up with just one more post to respond to some of the reader comments I received on the series. In the first place, it was certainly an interesting (and educational) experience trying to distill a 100-page, heavily footnoted, academic article… [read post]
1 Sep 2023, 5:01 am by Nicholas Nugent
[By guaranteeing five basic internet rights.] (This is the final post in a five-part series on regulating online content moderation.) In Part III, I showed how it is possible for private actors to remove an unpopular viewpoint from the internet by preventing websites that express that viewpoint from operating, a phenomenon I call "viewpoint foreclosure." In Part IV, I explained why every lawful website should have the right to exist—that is, to stay online. In Part II, I argued that… [read post]
28 Aug 2023, 7:40 am by Nicholas Nugent
[Only when necessary to protect five basic internet rights.] Thanks to Eugene for inviting me to guest-blog this week about my new article, The Five Internet Rights. The article endeavors to answer the (internet) age-old question: When, if ever, should the law intervene into how private entities moderate lawful online user content? This question has taken center stage as debates rage over the proper role of social media companies in policing online speech. For example, Twitter's decision to… [read post]
30 Aug 2023, 5:01 am by Nicholas Nugent
[In theory, yes; in practice, perhaps soon.] (This post is part of a five-part series on regulating online content moderation.) When it comes to regulating content moderation, my overarching thesis is that the law, at a minimum, should step in to prevent "viewpoint foreclosure"—that is, to prevent private intermediaries from booting unpopular users, groups, or viewpoints from the internet entirely. But the skeptic—perhaps the purist who believes that the state should never… [read post]
22 Jan 2024, 1:10 am by INFORRM
, University of Bologna- Department of Legal Studies; Yale University – Digital Ethics Center Nugent [read post]
5 Aug 2024, 9:01 pm by Leslie C. Griffin
A New Jersey woman alleged that she and her brother were abused by Frank Nugent, a director at the Prep [read post]