Applying Militant Democracy to Defend Against Social Media Harms

Authors

Neil Netanel, UCLA School of LawFollow

Abstract

Social media inflict multiple harms on liberal democracy. Online platforms thrive on propagating emotionally inflammatory content that maximizes user engagement. Too often that entails amplifying disinformation, hate speech, online extremism, and deep-seated partisan animosity. Tellingly, as documented in testimony before the House Select Committee to Investigate the January 6th Attack, in the weeks following the 2020 presidential election, Facebook, Twitter, YouTube, and Reddit knowingly enabled a firestorm of vitriolic far-right election denial on their platforms. In so doing, a Select Committee staff report concludes, the platforms “helped to facilitate the attack on January 6th.”

Keywords

Social Media, Utilities, Communications Law, International Law, Military Law and Justice, Terrorism, Crimes Against the State, Athletes, Education Law, First Amendment

Disciplines

Communications Law | Education Law | First Amendment | International Law | Law | Military, War, and Peace

Recommended Citation

Neil Netanel, Applying Militant Democracy to Defend Against Social Media Harms, 45 Cardozo L. Rev. 489 (2023).
Available at: https://larc.cardozo.yu.edu/clr/vol45/iss2/4