Digital Hate Speech and the First Amendment

The Internet is a forum in which individuals can engage in a robust exchange of ideas; but it is also a place in which individuals can threaten, bully, and defame others - sometimes anonymously. If someone is the subject of such speech, what, if any, means of relief does that person have within or outside of cyberspace?

This program will examine the First Amendment implications of electronic speech; review decisions on actions seeking to unmask anonymous online users; and discuss the potential consequences of digital hate speech, including those arising under civil and criminal laws, within an employment law framework, and through the policies of different social media platforms.

Learning Objectives:

1. Examine the First Amendment and its implications for electronic speech
2. Summarize analyses from decisions regarding requests to disclose the identity of anonymous online users
3. Consider potential consequences of digital speech, including legal liability, workplace issues, and suspension from platforms