Americans of all political persuasions fear that "free speech" is
under attack. This may seem strange at a time when legal
protections for free expression remain strong and overt government
censorship minimal. Yet a range of political, economic, social, and
technological developments have raised profound challenges for how
we manage speech. New threats to political discourse are
mounting-from the rise of authoritarian populism and national
security secrecy to the decline of print journalism and public
trust in experts to the "fake news," trolling, and increasingly
subtle modes of surveillance made possible by digital technologies.
The Perilous Public Square brings together leading thinkers to
identify and investigate today's multifaceted threats to free
expression. They go beyond the campus and the courthouse to
pinpoint key structural changes in the means of mass communication
and forms of global capitalism. Beginning with Tim Wu's inquiry
into whether the First Amendment is obsolete, Matthew Connelly,
Jack Goldsmith, Kate Klonick, Frederick Schauer, Olivier Sylvain,
and Heather Whitney explore ways to address these dangers and
preserve the essential features of a healthy democracy. Their
conversations with other leading thinkers, including Danielle Keats
Citron, Jelani Cobb, Frank Pasquale, Geoffrey R. Stone, Rebecca
Tushnet, and Kirsten Weld, cross the disciplinary boundaries of
First Amendment law, internet law, media policy, journalism, legal
history, and legal theory, offering fresh perspectives on
fortifying the speech system and reinvigorating the public square.
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