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Regulated Democracy and Regulated Speech
['Daphne Keller']
Tech Policy Press
Using state power to burden lawful speech online is unconstitutional, courts have said, even under laws that attempt to avoid direct speech regulation by only requiring platforms to “mitigate” speech-based harms. The same First Amendment standards that prevent state lawmakers from imposing new rules for lawful online speech also pose problems for a common federal approach: stripping platforms’ immunity for disfavored speech. It has upheld laws requiring suppression of lawful speech, and also laws requiring carriage of speech, including election-related material.