While disagreements concerning why and how freedom of expression is protected in constitutional democracies are longstanding, advances in digital technologies have transformed these debates and profoundly altered the ways in which people communicate with one another and how governments communicate with the public.  These advances have opened new pathways for communicating in public discourse while presenting new challenges for the regulation of freedom of expression.

This project investigates some of the central questions concerning the appropriate limits on freedom of expression in the digital age.  These include to what  extent efforts to regulate online harms at the national and regional levels imperil the adequate protection of freedom of expression on the internet, and how to build resilience within legal frameworks to counter domestic disinformation from state and political actors. The project will examine whether twentieth century legal doctrines remain fit for purpose in the digital age and, if not, whether they can be reimagined in ways that address contemporary challenges without sacrificing core free speech principles.

Related Publications:

• Eliza Bechtold, ‘Regulating Online Harms in the UK and the US: An Analysis of Recent Developments Through a Free Speech Lens’ Journal of Media Law’ (2024) DOI: 10.1080/17577632.2024.2395094.
• Eliza Bechtold, ‘Re-examining the Relationship Between Free Speech and Democratic Legitimacy After the January 6 Insurrection’, in Ashutosh Bhagwat and Alan Chen (eds) The Elgar Companion to Freedom of Speech and Expression [forthcoming].
• Eliza Bechtold, ‘State Actors, Disinformation, and Social Media: A New and Dangerous Chapter of Lying in Politics’ in Kim Baker and Olga Jurasz (eds) Routledge Handbook of Social Media, Law and Society [forthcoming].

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