Free Speech and the Myth of the Internet As an Unintermediated Experience

You can find a PDF copy of the paper in its entirety here.

Christopher Yoo examines the idea that the Internet produces an unfiltered experience for end users.  He puts forth evidence that the Internet as a beacon of unmitigated free speech has actually always been diffused of unwanted speech.

• End-users have always look to a middle man to control unwanted content like spam, malware, and pornography.
• Editorial discretion by broadcasters is is protected with a limited provision that candidates for public office all have equal opportunity to advertise.
• “Government intervention can have an adverse effect on free speech.”
• The ability for law to dictate what is or isn’t free speech, including on the Internet, will create a seesaw definition from administration to administration.

Editorial discretion by intermediaries can promote free speech rather than minimize it based on Yoo’s review of several Supreme Court decisions on mass media conduct.  Intermediaries that would be limited by law that would not allow them the ability to pursue editorial discretion would prevent contributions of their own to free speech.

You can find a PDF copy of the paper in its entirety here.