Nebraska College of Law - Regulating Speech in the 21st Century

Curt Bright Author

05/19/2021 Added

105 Plays

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Law professor Kyle Langvardt explores the what happens when social media outpaces First Amendment laws.

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[00:00:00.573](bright music)
[00:00:05.030]Speech moves a lot faster today than it used to.
[00:00:07.980]One consequence of that is that we can't necessarily
[00:00:11.310]assume that good ideas are gonna check bad ideas.
[00:00:15.190]The problem is that's a major assumption
[00:00:18.410]in our thinking about the First Amendment.
[00:00:20.520]We think that we're promoting the freedom of speech
[00:00:23.760]by having the government step back and regulate less.
[00:00:26.930]And that's a strategy that worked
[00:00:29.450]pretty well in the 20th century
[00:00:31.840]but today when the state doesn't regulate
[00:00:34.800]it just means that a private institution
[00:00:36.840]is going to step up and regulate instead.
[00:00:39.350]And I don't see any reason to think
[00:00:40.580]that these private institutions
[00:00:41.850]are necessarily more trustworthy than the state.
[00:00:45.100]I mean, these are advertising companies
[00:00:47.110]they're advertising companies
[00:00:48.450]that design products using techniques
[00:00:51.590]that they borrowed from the slot machine industry.
[00:00:55.080]And it's really, really bizarre
[00:00:57.360]to place this kind of public trust
[00:00:59.820]with those kinds of institutions.
[00:01:01.867](bright music)
[00:01:13.890]Traditionally media like newspapers, radio, television
[00:01:18.050]have played a really important role
[00:01:19.740]as gatekeepers in culture and in public discourse.
[00:01:25.290]And today they're really struggling
[00:01:27.800]in this platform driven media environment.
[00:01:31.320]I'm looking at First Amendment law
[00:01:32.940]that was designed for 20th century media institutions.
[00:01:38.710]And I wanna find ways
[00:01:41.040]that the basic strands of First Amendment law
[00:01:43.220]can be updated to reflect 21st century realities.
[00:01:47.693](bright music)
[00:01:56.810]The work that I'm doing here at Nebraska
[00:01:58.750]with the Governance and Technology Center
[00:02:01.170]is anticipate the problems of law and technology
[00:02:04.800]that are going to emerge tomorrow, not just today.
[00:02:07.810]What excites me about this area of research
[00:02:11.000]is that we're just beginning to ask the most basic questions
[00:02:14.570]and the answers are so urgent.
[00:02:17.458](bright music)

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Nebraska College of Law - Regulating Speech in the 21st Century

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