A case for ideological coherence in regulating online speech: going back to basics to manage the (not so) difficult interplay between free speech and economic freedoms

Abstract

The article draws an updated picture of the regulation and case-law on online speech, with a particular focus on the United States. It considers the most important regulatory innovations, several significant cases, and the main positions in the public debate, not only academic. The perspective offered is different from the most popular approaches to the regulation of the subject, and includes a reflection about whether the large platforms hosting user-generated content remain exclusively private entities, or if they should be subject to certain rules provided for the public administration. The conclusion reflects on the intersections that occur online between freedom of expression, ‘economic speech’ and freedom of economic initiative.