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Tuesday, November 08, 2011

Incendiary Speech and Social Media: An Essay

A draft of my essay, Incendiary Speech and Social Media, is now available on ssrn.  The abstract is below:

Incidents illustrating the incendiary capacity of social media have rekindled concerns about the "mismatch" between existing doctrinal categories and new types of dangerous speech. This Essay examines two such incidents, one in which an offensive tweet and YouTube video led a hostile audience to riot and murder, and the other in which a blogger urged his nameless, faceless audience to murder federal judges. One incident resulted in liability for the speaker, even though no violence occurred; the other did not lead to liability for the speaker even though at least thirty people died as a result of his words. An examination of both incidents reveals flaws in existing First Amendment doctrines. In particular, this examination raises questions about whether underlying assumptions made by current doctrine concerning how audiences respond to incitement, threats, or fighting words are confounded by the new reality social media create.

Posted by Lyrissa Lidsky on November 8, 2011 at 10:35 AM in Article Spotlight, Constitutional thoughts, Criminal Law, First Amendment, Lyrissa Lidsky, Web/Tech | Permalink

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Comments

I hope I can help those who do not know how to write these essays and what it takes. In fact, you just need to contact the professional teams on these cases, who will be able to write any written work in a short time. To determine who to entrust such a responsible task with the best solution will be to study in detail on Best Writers Online the details of just such an essay writing and other aspects that somehow escape from our attention, you need to read carefully customer feedback. You need to see how quickly they do, whether they plagiarize and so on. Then it's easy to pick up.

Posted by: Best Writers Online | Oct 25, 2020 10:00:20 AM

I'm having a difficult time fixing the broken link problem on ssrn. I believe it should be up soon. In the meantime, I emailed a copy to you, Jen. Thanks for asking.

Posted by: Lyrissa | Nov 8, 2011 8:27:36 PM

Ditto. I'm about to be traveling, but I'd like to e-mail it to a colleague about to present in D.C. on the topic. I'd be happy to put the two of you in touch if you e-mail the link to me at [email protected] Thanks!

Posted by: Jen Kreder | Nov 8, 2011 7:52:48 PM

The SSRN link is broken but I would love to read the article.

Posted by: adjunct law prof | Nov 5, 2011 10:39:54 AM

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