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 William Webster, Robert Weatherley


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Platform Regulation and Freedom of Expression in the United States and Europe: Across the Great Divide

Edited by: Ronald J. Krotoszynski Jr., András Koltay, Bernát Török, Emily Laidlaw

ISBN13: 9780197840979
To be Published: March 2027
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £195.00





Platform Regulation and Freedom of Expression in the United States and Europe offers a timely examination of how today's dominant online platforms shape public discourse, information flows, and everyday life—and how democratic societies are struggling to regulate them. As social media, video-sharing platforms, and search engines become indispensable to civic participation and economic activity, they also generate increasingly complex legal and policy challenges that demand careful, comparative evaluation. This volume explores how the United States and Europe—long connected by shared democratic commitments yet separated by a “great divide” in constitutional approaches to speech—are confronting the regulatory dilemmas of the digital age. By situating the First Amendment alongside European free-expression doctrine, the book highlights both areas of overlap and deep structural differences, particularly in how each tradition conceives the state's role in safeguarding democratic deliberation. These contrasts provide a powerful lens for understanding the tensions that define contemporary platform governance.

Moving from theory to practice, the book analyzes key policy developments on both sides of the Atlantic, including responses to disinformation and misinformation and emerging strategies to protect democratic institutions while respecting fundamental rights. Through this dual framework, the contributors map the evolving terrain of platform regulation and reveal the normative choices at stake.

Rather than proposing a single solution, the volume seeks to clarify the terms of debate and encourage a shared understanding across legal and cultural contexts. By illuminating the sources of the “great divide” and offering pathways for constructive engagement, Platform Regulation and Freedom of Expression in the United States and Europe serves as an indispensable guide for scholars, policymakers, and practitioners committed to the future of free expression and digital democracy.

Subjects:
Human Rights and Civil Liberties, IT, Internet and Artificial Intelligence Law
Contents:
1. Introduction

Part I - Theoretical and Historical Analyses
2. Regulating in the Face of Constant Change: The Case of Social Media
Ashutosh Bhagwat
3. The Short, Strange Career of Viewpoint Discrimination
Jeremy Kessler
4. In Defense of Mutual Autonomy: Conceptual Doubts about Horizontal Online Free Speech Rights
Paul Wragg

Part II - Examining the Current State of Platform Regulation—U.S. Perspectives, With an Eye Toward Europe
5. Content Moderation and the First Amendment
Stuart Minor Benjamin
6. Platform Transparency and Compelled Speech Doctrine: How E.U.-Style Disclosures Fare Against U.S. Constitutional Challenges
Margot Kaminski
7. Regulating Content Curation Across the Divide
Gerald L. Adams III and Jane R. Bambauer
8. Regulating Social Media Platforms in the Shadow of the First Amendment: Some Comparative Law Observations and Lessons on the Scope of Fundamental Rights
Ronald J. Krotoszynski, Jr.

Part III - Examining the Current State of Platform Regulation—European Perspectives, With an Eye Toward The United States
9. The European Digital Services Act: A Democratic View for the Digital Age?
Giovanni De Gregorio and Elif Biber
10. Regulating Social Media for the Protection of Democracy: How Can Europe's Digital Services Act Defend the Democratic Public, and Why Cannot the U.S. Law Do So?
Bernát Török
11. Platform Regulation in the Age of Generative AI: The U.S. and E.U. Legal Landscape
Domingos Soares Farinho
12. Digital Service and Disinformation Inaction: Tech Bros' Threat to Enforcement of Co-Regulation
Christopher Marsden
13. From Immunity to Compliance: The Structural Divide in Platform Regulation across the Atlantic
Zsolt Zodi
14. The Distant Dream of Free Speech for Social Media Users: The Great Divide Between Europe and the United States that Is Not So Great
András Koltay
15. Between Quasi-Journalistic Responsibilities and an Infrastructural Role: E.U. Regulations and the New Identity of Social Media Platforms
Matteo Monti
16. The Politics of the “Brussels Effect” Narrative
Uta Kohl

Part IV - Examining the Current State of Platform Regulation—Perspectives From Other Jurisdictions, With Eyes
Toward the United States and Europe
17. Platform Regulation in Canada: A Bridge Across the Great Divide?
Emily Laidlaw
18. South Korea's Platform Governance: A Substantive Regulatory Model and Its Procedural Limits
Ahran Park

Part V - The Regulation of Disinformation on Online Platforms
19. Constraints on Government Efforts to Control Disinformation in the United States
Bernard W. Bell
20. The European Union's Regulatory Framework for Disinformation on Online Platforms, Through the Lens of Freedom of Expression
Sarah Eskens
21. Tackling Disinformation in Europe: Co-Regulation Through the DSA, National Laws, and Strategic Initiatives
Joanna Kulesza
22. An Analysis of the Efficacy of the Online Safety Act 2023 in Tackling “the False Information Petri Dish”
Peter Coe and Helen Fenwick

Afterword
23. Concluding Thoughts: The Significance for Regulation of Culture
Robert Post