Networked communication and the reprise of tolerance theory: Civic education for extreme speech and private governance online

Abstract

Digital intermediaries such as Facebook and Twitter have the power to remove extreme or harmful speech from their platforms after individual users have “flagged” that speech. Such power over the public discourse in the hands of individuals and digital intermediaries raises concerns for online freedom of expression. This article asks: how can First Amendment principles be applied to assess this system of private governance of extreme speech? This article argues that Lee Bollinger’s tolerance theory offers the best interpretation of First Amendment principles to apply to assessing this system due to its unique focus on individual intolerance toward extreme speech.