Discussion:
[IP] Fwd: Freedom of Speech and Promoting Societal Good—A Conundrum (for possible IP posting)
DAVID FARBER
2018-09-26 09:19:57 UTC
Permalink
Date: September 26, 2018 at 9:33:08 AM GMT+9
Subject: Freedom of Speech and Promoting Societal Good—A Conundrum (for possible IP posting)
In pondering the implications of cyber-enabled information warfare and influence operations for the United States and its free speech jurisprudence and societal traditions, I had a thought that disturbed me greatly, which I share with the IP community for reaction.
Because I believe in the principle underlying the First Amendment and American free speech traditions, I think it is a basic societal good that Party A can organize and plan a physical event in support of #BlackLivesMatter. I also think it is a basic societal good that Party B can organize and plan a physical event in support of #BlueLivesMatter. And I even support civil interactions between A and B, which at least have the potential to advance mutual understanding. But when A and B are the same party and the events are physically proximate and scheduled contemporaneously, it is hard to imagine any societal good coming out of such an arrangement.
My problem is that I don’t see any way—either technologically or legally—to support Party A and Party B in their efforts while making sure that Party A and Party B are not the same party. And I’m not even sure that it’s a First Amendment issue per se, though it’s clear that the First Amendment would make it much more difficult to develop any legal mechanism to enforce the separation between Party A and Party B.
I’d love to hear people’s thoughts on this matter.
Thanks.
Herb
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Herb Lin
Senior Research Scholar, Center for International Security and Cooperation
Hank J. Holland Fellow in Cyber Policy and Security, Hoover Institution
Stanford University
Stanford, CA 94305 USA
650-497-8600 office || 202-841-0525 cell || 202-540-9878 fax
Skype herbert_lin (usually by appointment)
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