This episode we explore the Western framework for protecting freedom of expression and its ability to address new challenges such as abuse, harassment, mis/disinformation, and mental health threats. The conversation highlights the differences between the European and American approaches to hate speech regulation (and emphasises the importance of context and nuance in both systems) and delves into the complexities of managing freedom of expression at universities and the impact of social media on hate speech regulation.

Key Takeaways:

• The Western framework for freedom of expression is not well-equipped to address new challenges such as abuse, harassment, misinformation, and mental health threats.
• There are significant differences between the European and American approaches to hate speech regulation, with Europe having stricter regulations and the US providing more protection under the First Amendment.
• Managing freedom of expression in universities is a complex issue, with the need to balance academic freedom and the prevention of hate speech.
• Mis and disinformation present challenges in determining the boundaries of free speech, with the need to distinguish between opinion and fact and the potential impact on defamation and false advertising laws.
• Social media platforms do not have a legal obligation to uphold First Amendment rights, as they are private actors, and the existing statutory safe harbours protect them from liability.