Free speech: a civil liberty central to American identity

The Connecticut Foundation for Open Government (CFOG) is a nonprofit educational organization founded on the principle that open, transparent government is in the public interest. CFOG sponsors an annual high school essay contest to encourage thought and debate among students across Connecticut on public and freedom of information issues. Here is the 2021 first place essay, answering the below question.

 

“Should the owners of social media platforms be legally responsible for libelous postings by users? Under present law, only the user is legally responsible for a libelous post.”

 

Even in Colonial times, journalist John Peter Zenger faced a libel trial in 1735, becoming a national symbol for free speech. Since then, debates over free speech have persisted. We now face the issue of balancing free speech on social media. Currently, only users themselves hold legal responsibility for libelous postings, not the platforms’ owners. It becomes clear that if social media platforms’ owners were to also hold legal responsibility for libelous postings, too much free speech would be sacrificed.

To understand this, we must define libel as the publication of false and malicious statements which may damage someone’s reputation. However, libel is not protected by the First Amendment which states that “Congress shall make no law … abridging the freedom of speech, or of the press …”

We are now faced with redefining what the press is — have social media platforms become the press? To me the answer is clear: yes. With many Americans relying on social media for the latest updates, and with politicians reaching their constituents through posts, social media is no longer just a place to post pictures from vacations. Social media is part of the new press.

Just as libel occurs in the press, we have seen libel in current events as false and often ill-intentioned statements circulate on social media. Particularly, former President Trump used Twitter as a platform for posting questionable information. His tweets about Nancy Pelosi, Joe Biden and other Democratic or even Republican politicians were often called out for being baseless.

New York Times Co. v. Sullivan in 1964 established that it is difficult for public figures to win damage suits for libel because that limits the public’s ability to criticize them. The court held that the First Amendment protects newspapers even when they print false statements, as long as the newspapers did not act with “actual malice.” However, Trump’s accusatory tweets could be considered libelous and malicious in nature. Eventually, Twitter ended up permanently suspending Trump’s account, under the premise that his false and ill-intentioned claims potentially incited violence.

Although Twitter’s actions were permissible, the question arose: should all social media platforms be required to have that level of involvement in users’ posts? Currently, Section 230 of the Communications Decency Act, passed in 1996 as one of the first groundbreaking pieces of internet legislation, lets internet companies establish the correct moderation for their own audiences. Thus, users can choose which platforms they want to be a part of: the free-for-all Reddit, or the restricted comment section on The New York Times website. So while companies can take a more active role in responsibility for libelous postings, not all do, and this variation seems to work best.

For example, the European Union once decided that platforms were legally required to take down anything they knew was illegal and would not receive any legal protection if they tried to curate content. What resulted were smaller ad companies and websites shutting down, as they couldn’t afford the costs of liability without protection. The internet began to shrink. Yes, consequences must remain for libelous postings and dangerously misleading information. However, placing legal responsibility on social media platforms’ owners would actually lead to more restriction than protection of the public as platforms create heightened rules in order to avoid lawsuits.

In order to keep the internet a diverse, equitable place, we must allow owners of social media platforms to choose their own levels of moderation and responsibility for postings. We should instead teach people how to go about social media with a sense of civic responsibility.

 

Nicole Burgon is a 2021 graduate of East Lyme High School, and the first-place winner of this year’s statewide CFOG High School Essay Contest.

 

 

 

 

The views expressed here are not necessarily those of The Lakeville Journal and The Journal does not support or oppose candidates for public office.

Latest News

To mow or not to mow?

To mow or not to mow?

A partially mowed meadow in early spring provides habitat for wildlife while helping to keep invasive plants in check.

Dee Salomon

Love it or hate it, there is no denying the several blankets of snow this winter were beautiful, especially as they visually muffled some of the damage they caused in the first place.There appears to be tree damage — some minor and some major — in many places, and now that we can move around, the pre-spring cleanup begins. Here, a heavy snow buildup on our sun porch roof crashed onto the shrubs below, snapping off branches and cleaving a boxwood in half, flattening it.

The other area that has been flattened by the snow is the meadow, now heading into its fourth year of post-lawn alterations. A short recap on its genesis: I simply stopped mowing a half-acre of lawn, planted some flowering plants, spread little bluestem seeds and, far less simply, obsessively pluck out invasive plants such as sheep sorrel and stilt grass. And while it’s not exactly enchanting, it is flourishing, so much so that I cannot bring myself to mow.

Keep ReadingShow less

Where the mat meets the market

Where the mat meets the market

Kathy Reisfeld

Elena Spellman

In a barn on Maple Avenue in Great Barrington, Kathy Reisfeld merges two unlikely worlds: wealth management and yoga, teaching clients and students alike how stability — financial and emotional — comes from practice.

Her life sits at an intersection many assume can’t exist: high finance and yoga. One world is often reduced to greed, the other to “woo-woo” stretching. Yet in conversation, she makes both feel grounded, less like opposites and more like two languages describing the same human need for stability.

Keep ReadingShow less
Capitol hosts first-ever staging of Civil War love story

Playwright Cinzi Lavin, left, poses with Kathleen Kelly, director of ‘A Goodnight Kiss.’

Jack Sheedy

Litchfield County playwright Cinzi Lavin’s “A Goodnight Kiss,” based on letters exchanged between a Civil War soldier and the woman who became his wife, premiered in 2025 to sold-out audiences in Goshen, where the couple once lived. Now the original cast, directed by Goshen resident Kathleen Kelly, will present the play beneath the gold dome of Connecticut’s Capitol in Hartford as part of the state’s America250 commemoration — marking what organizers believe may be the first such performance at the Capitol.

“I don’t believe any live performances of an actual play (at the Capitol) have happened,” said Elizabeth Conroy, administrative assistant at the Office of Legislative Management, who coordinates Capitol events.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

Hunt Library launches VideoWall for filmmakers

Yonah Sadeh, Falls Village filmmaker and curator of David M. Hunt Library’s new VideoWall.

Robin Roraback

The David M. Hunt Library in Falls Village, known for promoting local artists with its ArtWall, is debuting a new feature showcasing filmmakers. The VideoWall will premiere Saturday, March 28, at 6 p.m. with a screening of two short films by Brooklyn-based documentary filmmaker and animator Imogen Pranger.

The VideoWall is the idea of Falls Village filmmaker Yonah Sadeh, who also serves as curator. “I would love the VideoWall to become a place that showcases the work of local filmmakers, and I hope that other creatives in the area will submit their work to be shown,” he said.

Keep ReadingShow less

A bowl full of stars

A bowl full of stars

A bowl full of stones.

Cheryl Heller

There’s a bowl in my studio where pieces of the planet reside. I bring them home from travels, picking them up not for their beauty or distinction but for their provenance. I choose the ones that speak to me — the ones next to pyramids, along hiking trails, on city sidewalks or volcanic slopes.

I like how stones feel in my hand: weighty, grounding. I don’t mind them making my pockets and suitcase heavier. The bowl is about the size of an average carry-on. It has been years since it was light enough for me to lift.

Keep ReadingShow less
One-woman show brings Mumbet’s fight for freedom to Scoville Library
One-woman show brings Mumbet’s fight for freedom to Scoville Library
One-woman show brings Mumbet’s fight for freedom to Scoville Library

On March 29, writer, producer and director Tammy Denease will embody the life and story of Elizabeth Freeman, widely known as Mumbet, in two performances at the Scoville Library in Salisbury. Presented by Scoville Library and the Salisbury Association Historical Society, the performance is part of Salisbury READS, a community-wide engagement with literature and civic dialogue.

Mumbet was the first enslaved woman in Massachusetts to sue successfully for her freedom in 1781. Her victory helped lay the legal groundwork for the abolition of slavery in the state just two years later. In bringing Mumbet’s story to life, Denease does more than reenact history.

Keep ReadingShow less
google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.

google preferred source

Want more of our stories on Google? Click here to make us a Preferred Source.