Daphne Keller

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Who Do You Sue?

by Daphne Kellervia Aegis Paper Series
Tuesday, January 29, 2019

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms. The essay contends that questions of state and private power are deeply intertwined. To understand and protect internet users’ rights, we must understand and engage with both.

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Internet Platforms: Observations On Speech, Danger, And Money

by Daphne Kellervia Lawfare
Friday, June 15, 2018

Public demands for internet platforms to intervene more aggressively in online content are steadily mounting. Calls for companies like YouTube and Facebook to fight problems ranging from "fake news" to virulent misogyny to online radicalization seem to make daily headlines.

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Internet Platforms: Observations on Speech, Danger, and Money

by Daphne Kellervia Aegis Paper Series
Wednesday, June 13, 2018

Policymakers increasingly ask Internet platforms like Facebook to “take responsibility” for material posted by their users. Mark Zuckerberg and other tech leaders seem willing to do so. That is in part a good development. Platforms are uniquely positioned to reduce harmful content online. But deputizing them to police users’ speech in the modern public square can also have serious unintended consequences. This piece reviews existing laws and current pressures to expand intermediaries’ liability for user-generated content. It discusses three ways that poorly designed laws can do damage—to First Amendment-protected online speech, national security, and the economy.