Jeff Kosseff: “Hey, Let’s Not Rethink The First Amendment”

Leading free speech scholar pushes back against widespread claim that “peer-to-peer misinformation” on the Internet justifies government censorship

Many journalists, university professors, and Democrats say we must change how we think about the First Amendment for the Internet age. Maybe the government had no role in regulating speech before there existed social media platforms like X and Facebook, where “peer-to-peer misinformation” thrives. But now, given the threat such misinformation poses to democracy, we need the government to restrict what can be said on the Internet, claim Stanford researchers, the New York Times, and the Biden administration.

All of that is dangerous nonsense, according to Jeff Kosseff, a cybersecurity law professor at the U.S. Naval Academy and author of a new book, Liar In A Crowded Theater. “Starting about a century ago,” he told me in a new podcast, “the Supreme Court gradually developed robust [free speech] protections for all but a handful of exceptions…. And I think that, for the Internet, it needs to be the same, where we start off with the premise that this speech is not subject to regulation.”…