Digital Spaces and the Future of Free Speech
[Commentary] Law professors have a lot of theories about what the First Amendment means, but the most "standard" theory is not very useful for addressing some of the most important free speech issues of our time -- and that theory would even limit average Americans' ability to speak with one another. To understand these theory's frequent uselessness, consider that it does not really incorporate mass media, broadcasting, cable, and Internet laws. Nor does it usually incorporate rules ensuring that all speakers have access to government-owned public parks and streets. These areas of law are merely "exceptions" to their theories, revealing little about the First Amendment's meaning.
Digital Spaces and the Future of Free Speech