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Reconciling Freedom of Speech and Freedom from Manipulative Design: The First Amendment Status of Online Architectures

BY | August 27, 2024

The First Amendment protects speakers not only when they inform others but also when they influence others.  Artists often move their audiences, sometimes to action. Political actors sell citizens on…

The First Amendment protects speakers not only when they inform others but also when they influence others.  Artists often move their audiences, sometimes to action. Political actors sell citizens on policy and companies, of course, sell them products and services. What is different, then, about social media companies designing their expression, and the platforms that carry it, in a way that is calculated lead them to behave in certain ways?  Do the designs that some have criticized as “addi

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