David E. Pozen is Charles Keller Beekman Professor of Law at Columbia Law School and served as the inaugural visiting scholar at the Knight First Amendment Institute. He is coeditor of Troubling Transparency: The History and Future of Freedom of Information (Columbia, 2018). In 2019, the American Law Institute awarded Pozen its Early Career Scholars Medal.

A perfect book for our time, and a true public service. A terrific and impressively diverse collection, exploring multiple threats to freedom of speech.

• Introduction, by David E. Pozen1. Is the First Amendment Obsolete?, by Tim WuReflections on Whether the First Amendment Is Obsolete, by Geoffrey R. StoneNot Waving but Drowning: Saving the Audience from the Floods, by Rebecca Tushnet2. From the Heckler’s Veto to the Provocateur’s Privilege, by David E. PozenThe Hostile Audience Revisited, by Frederick SchauerUnsafe Spaces, by Jelani CobbHeading Off the Hostile Audience, by Mark EdmundsonCosting Out Campus Speaker Restrictions, by Suzanne B. GoldbergPolicing, Protesting, and the Insignificance of Hostile Audiences, by Rachel A. Harmon3. Straining (Analogies) to Make Sense of the First Amendment in Cyberspace, by David E. PozenSearch Engines, Social Media, and the Editorial Analogy, by Heather WhitneyOf Course the First Amendment Protects Google and Facebook (and It’s Not a Close Question), by Eric GoldmanThe Problem Isn’t the Use of Analogies but the Analogies Courts Use, by Genevieve LakierPreventing a Posthuman Law of Freedom of Expression, by Frank Pasquale4. Intermediary Immunity and Discriminatory Designs, by David E. PozenDiscriminatory Designs on User Data, by Olivier SylvainSection 230’s Challenge to Civil Rights and Civil Liberties, by Danielle Keats CitronTo Err Is Platform, by James GrimmelmannToward a Clearer Conversation About Platform Liability, by Daphne Keller5. The De-Americanization of Internet Freedom, by David E. PozenThe Failure of Internet Freedom, by Jack GoldsmithThe Limits of Supply-Side Internet Freedom, by David KayeInternet Freedom Without Imperialism, by Nani Jansen Reventlow and Jonathan McCully6. Crisis in the Archives, by David E. PozenState Secrecy, Archival Negligence, and the End of History as We Know It, by Matthew ConnellyA Response from the National Archives, by David S. FerrieroRescuing History (and Accountability) from Secrecy, by Elizabeth GoiteinArchiving as Politics in the National Security State, by Kirsten Weld7. Authoritarian Constitutionalism in Facebookland, by David E. PozenFacebook v. Sullivan, by Kate KlonickMeet the New Governors, Same as the Old Governors, by Enrique ArmijoNewsworthiness and the Search for Norms, by Amy GajdaProfits v. Principles, by Sarah C. HaanContributorsIndex

David E. Pozen is Charles Keller Beekman Professor of Law at Columbia Law School and served as the inaugural visiting scholar at the Knight First Amendment Institute. He is coeditor of Troubling Transparency: The History and Future of Freedom of Information (Columbia, 2018). In 2019, the American Law Institute awarded Pozen its Early Career Scholars Medal.

A perfect book for our time, and a true public service. A terrific and impressively diverse collection, exploring multiple threats to freedom of speech.

• Introduction, by David E. Pozen1. Is the First Amendment Obsolete?, by Tim WuReflections on Whether the First Amendment Is Obsolete, by Geoffrey R. StoneNot Waving but Drowning: Saving the Audience from the Floods, by Rebecca Tushnet2. From the Heckler’s Veto to the Provocateur’s Privilege, by David E. PozenThe Hostile Audience Revisited, by Frederick SchauerUnsafe Spaces, by Jelani CobbHeading Off the Hostile Audience, by Mark EdmundsonCosting Out Campus Speaker Restrictions, by Suzanne B. GoldbergPolicing, Protesting, and the Insignificance of Hostile Audiences, by Rachel A. Harmon3. Straining (Analogies) to Make Sense of the First Amendment in Cyberspace, by David E. PozenSearch Engines, Social Media, and the Editorial Analogy, by Heather WhitneyOf Course the First Amendment Protects Google and Facebook (and It’s Not a Close Question), by Eric GoldmanThe Problem Isn’t the Use of Analogies but the Analogies Courts Use, by Genevieve LakierPreventing a Posthuman Law of Freedom of Expression, by Frank Pasquale4. Intermediary Immunity and Discriminatory Designs, by David E. PozenDiscriminatory Designs on User Data, by Olivier SylvainSection 230’s Challenge to Civil Rights and Civil Liberties, by Danielle Keats CitronTo Err Is Platform, by James GrimmelmannToward a Clearer Conversation About Platform Liability, by Daphne Keller5. The De-Americanization of Internet Freedom, by David E. PozenThe Failure of Internet Freedom, by Jack GoldsmithThe Limits of Supply-Side Internet Freedom, by David KayeInternet Freedom Without Imperialism, by Nani Jansen Reventlow and Jonathan McCully6. Crisis in the Archives, by David E. PozenState Secrecy, Archival Negligence, and the End of History as We Know It, by Matthew ConnellyA Response from the National Archives, by David S. FerrieroRescuing History (and Accountability) from Secrecy, by Elizabeth GoiteinArchiving as Politics in the National Security State, by Kirsten Weld7. Authoritarian Constitutionalism in Facebookland, by David E. PozenFacebook v. Sullivan, by Kate KlonickMeet the New Governors, Same as the Old Governors, by Enrique ArmijoNewsworthiness and the Search for Norms, by Amy GajdaProfits v. Principles, by Sarah C. HaanContributorsIndex

David E. Pozen is Charles Keller Beekman Professor of Law at Columbia Law School and served as the inaugural visiting scholar at the Knight First Amendment Institute. He is coeditor of Troubling Transparency: The History and Future of Freedom of Information (Columbia, 2018). In 2019, the American Law Institute awarded Pozen its Early Career Scholars Medal.

A perfect book for our time, and a true public service. A terrific and impressively diverse collection, exploring multiple threats to freedom of speech.

• Introduction, by David E. Pozen1. Is the First Amendment Obsolete?, by Tim WuReflections on Whether the First Amendment Is Obsolete, by Geoffrey R. StoneNot Waving but Drowning: Saving the Audience from the Floods, by Rebecca Tushnet2. From the Heckler’s Veto to the Provocateur’s Privilege, by David E. PozenThe Hostile Audience Revisited, by Frederick SchauerUnsafe Spaces, by Jelani CobbHeading Off the Hostile Audience, by Mark EdmundsonCosting Out Campus Speaker Restrictions, by Suzanne B. GoldbergPolicing, Protesting, and the Insignificance of Hostile Audiences, by Rachel A. Harmon3. Straining (Analogies) to Make Sense of the First Amendment in Cyberspace, by David E. PozenSearch Engines, Social Media, and the Editorial Analogy, by Heather WhitneyOf Course the First Amendment Protects Google and Facebook (and It’s Not a Close Question), by Eric GoldmanThe Problem Isn’t the Use of Analogies but the Analogies Courts Use, by Genevieve LakierPreventing a Posthuman Law of Freedom of Expression, by Frank Pasquale4. Intermediary Immunity and Discriminatory Designs, by David E. PozenDiscriminatory Designs on User Data, by Olivier SylvainSection 230’s Challenge to Civil Rights and Civil Liberties, by Danielle Keats CitronTo Err Is Platform, by James GrimmelmannToward a Clearer Conversation About Platform Liability, by Daphne Keller5. The De-Americanization of Internet Freedom, by David E. PozenThe Failure of Internet Freedom, by Jack GoldsmithThe Limits of Supply-Side Internet Freedom, by David KayeInternet Freedom Without Imperialism, by Nani Jansen Reventlow and Jonathan McCully6. Crisis in the Archives, by David E. PozenState Secrecy, Archival Negligence, and the End of History as We Know It, by Matthew ConnellyA Response from the National Archives, by David S. FerrieroRescuing History (and Accountability) from Secrecy, by Elizabeth GoiteinArchiving as Politics in the National Security State, by Kirsten Weld7. Authoritarian Constitutionalism in Facebookland, by David E. PozenFacebook v. Sullivan, by Kate KlonickMeet the New Governors, Same as the Old Governors, by Enrique ArmijoNewsworthiness and the Search for Norms, by Amy GajdaProfits v. Principles, by Sarah C. HaanContributorsIndex