Sunday, January 30, 2022

Post #3: Protecting Dissent in the Digital Age

 Throughout the last several weeks, we have discussed why the First Amendment and the freedoms it provides are essential to democracy. The 8 Values of Free Expression aim to summarize why the freedoms offered in the First Amendment are so important to society. Personally, I believe that the promotion of innovation is one of the most important functions of free expression. After all, innovation is key to the advancement of society, be those technological, social, or political advancements. However, protection of dissent may be the most relevant values of free expression in our current climate. 

In particular, online censorship has become a widely debated topic in recent years. As explained in this article by Columbia University, social media and other technological developments have created an interesting dichotomy when it comes to free expression. On one hand, they make it significantly easier to spread messages quickly and to a large audience. That said, it is not yet clear what boundaries the government has when it comes to social media messaging. In China, for instance the government applies rampant censorship, ranging from banning social media sites to jailing those who openly criticize them. Even with these tight restrictions, pro-democracy protestors in Hong Kong have not only used social media to express disagreement with the Chinese government, but they have also used these platforms to help organize in-person protests. 

Pro-Democracy Protests in Hong Kong

Meanwhile, in the U.S., a debate is heating up regarding what constitutes as government use of social media. For instance, is a government official's social media account subject to censorship rules? Is it legal for a government official to block certain people from engaging on their social media pages? In several recent cases brought to court, the answer to these questions seems to depend on how the account is used. If an account is used for official government business, such as communicating appointments or public meetings, it is subject to First Amendment protections against censorship. As more people turn to social media for political campaigns and official communication, I believe we will start to see a more strict set of guidelines regarding how such accounts may be used. 

Ultimately, in the Digital Age, the values of free expression are undergoing a shift. As both governments and society as a whole adjust to this new medium, we are seeing a number of new debates arise regarding free speech. While there are generally clear limits dictating what the government can and can't do, we are beginning to see a questioning of the rights of private corporations when it comes to free speech and censorship. Some question the degree to which social media platforms should be allowed to dictate what can and cannot be on their sites. Others question how oppressive governments may exploit the internet for their own benefit and what, if any, responsibility private corporations hold in combatting such actions. As the law begins to catch up with technology, I will be interested to see how these questions will be answered by the courts. I suspect that we see begin to see many governments struggling to find solutions to the issues brought on by the internet as they try to balance public interest with the most fundamental right to freedom of expression. 

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