UCL Discovery
UCL home » Library Services » Electronic resources » UCL Discovery

Search engines and free speech coverage

Simpson, RM; Whitney, HM; (2019) Search engines and free speech coverage. In: Brison, SJ and Gelber, K, (eds.) Free Speech in the Digital Age. Oxford University Press: Oxford, UK. Green open access

[thumbnail of Search Engines and Free Speech Coverage - UCL Repository Version.pdf]
Preview
Text
Search Engines and Free Speech Coverage - UCL Repository Version.pdf

Download (230kB) | Preview

Abstract

This paper investigates whether search engines and other new modes of online communication should be covered by free speech principles. It criticizes the analogical reasoning that contemporary American courts and scholars have used to liken search engines to newspapers, and to extend free speech coverage to them based on that likeness. There are dissimilarities between search engines and newspapers that undermine the key analogy, and also rival analogies that can be drawn which don’t recommend free speech protection for search engines. Partly on these bases, we argue that an analogical approach to questions of free speech coverage is of limited use in this context. Credible verdicts about how free speech principles should apply to new modes of online communication require us to re-excavate the normative foundations of free speech. This method for deciding free speech coverage suggests that only a subset of search engine outputs and similar online communication should receive special protection against government regulation

Type: Book chapter
Title: Search engines and free speech coverage
ISBN-13: 9780190883607
Open access status: An open access version is available from UCL Discovery
Publisher version: https://global.oup.com/academic/product/free-speec...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: free speech, search engines, First Amendment, analogical reasoning
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Arts and Humanities > Dept of Philosophy
URI: https://discovery.ucl.ac.uk/id/eprint/10060884
Downloads since deposit
36Downloads
Download activity - last month
Download activity - last 12 months
Downloads by country - last 12 months

Archive Staff Only

View Item View Item