Free Speech: Threats, Limits and Challenges


Pat Terrell (Editor)

Series: Privacy, Property and Free Speech
BISAC: POL035010

Chapter 1 reports on freedom of expression and China’s pervasive and unrelenting efforts to stifle speech at home and now increasingly abroad. Chapter 2 discusses the overarching First Amendment principles that bear on what the government may regulate under the First Amendment, including (1) the distinction between regulating conduct and speech; (2) the presumed invalidity of content-based laws; and (3) relevant “unprotected” categories of speech that generally can be restricted because of their content. The constitutional considerations in crafting new regulations of false speech are reviewed in chapter 3. Chapter 4 looks at how online political ads are more likely than their offline counterparts to include false claims and facilitate foreign influence in U.S. elections. These criticisms have led to calls for more government regulation of online political advertising. Chapter 5 discusses how courts have decided significant First Amendment challenges to non-consensual pornography laws at the state level. Chapters 6 and 7 explore the FACT Act and free speech.

Table of Contents


Chapter 1. Digital Authoritarianism and the Global Threat to Free Speech
Congressional-Executive Commission on China

Chapter 2. Violent Extremism, and the Internet: Free Speech Considerations (60823)
Victoria L. Killion

Chapter 3. False Speech and the First Amendment: Constitutional Limits on Regulating Misinformation
Valerie C. Brannon

Chapter 4. Appeals Court Says First Amendment Limits Regulation of Online Political Advertising: Implications for Congress
Valerie C. Brannon and L. Paige Whitaker

Chapter 5. Federal Civil Action for Disclosure of Intimate Images: Free Speech Considerations
Victoria L. Killion

Chapter 6. Facing the FACT Act: Abortion and Free Speech (Part I)
Victoria L. Killion

Chapter 7. Facing the FACT Act: Abortion and Free Speech (Part II)
Victoria L. Killion


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