The Perilous Public Square: Structural Threats to Free Expression Today

Table of Contents
Introduction, by David E. Pozen
1. Is the First Amendment Obsolete?, by Tim Wu
	Reflections on Whether the First Amendment Is Obsolete, by Geoffrey R. Stone
	Not Waving but Drowning: Saving the Audience from the Floods, by Rebecca Tushnet
2. From the Heckler’s Veto to the Provocateur’s Privilege, by David E. Pozen
	The Hostile Audience Revisited, by Frederick Schauer
	Unsafe Spaces, by Jelani Cobb
	Heading Off the Hostile Audience, by Mark Edmundson
	Costing Out Campus Speaker Restrictions, by Suzanne B. Goldberg
	Policing, Protesting, and the Insignificance of Hostile Audiences, by Rachel A. Harmon
3. Straining (Analogies) to Make Sense of the First Amendment in Cyberspace, by David E. Pozen
	Search Engines, Social Media, and the Editorial Analogy, by Heather Whitney
	Of Course the First Amendment Protects Google and Facebook (and It’s Not a Close Question), by Eric Goldman
	The Problem Isn’t the Use of Analogies but the Analogies Courts Use, by Genevieve Lakier
	Preventing a Posthuman Law of Freedom of Expression, by Frank Pasquale
4. Intermediary Immunity and Discriminatory Designs, by David E. Pozen
	Discriminatory Designs on User Data, by Olivier Sylvain
	Section 230’s Challenge to Civil Rights and Civil Liberties, by Danielle Keats Citron
	To Err Is Platform, by James Grimmelmann
	Toward a Clearer Conversation About Platform Liability, by Daphne Keller
5. The De-Americanization of Internet Freedom, by David E. Pozen
	The Failure of Internet Freedom, by Jack Goldsmith
	The Limits of Supply-Side Internet Freedom, by David Kaye
	Internet Freedom Without Imperialism, by Nani Jansen Reventlow and Jonathan McCully
6. Crisis in the Archives, by David E. Pozen
	State Secrecy, Archival Negligence, and the End of History as We Know It, by Matthew Connelly
	A Response from the National Archives, by David S. Ferriero
	Rescuing History (and Accountability) from Secrecy, by Elizabeth Goitein
	Archiving as Politics in the National Security State, by Kirsten Weld
7. Authoritarian Constitutionalism in Facebookland, by David E. Pozen
	Facebook v. Sullivan, by Kate Klonick
	Meet the New Governors, Same as the Old Governors, by Enrique Armijo
	Newsworthiness and the Search for Norms, by Amy Gajda
	Profits v. Principles, by Sarah C. Haan
Contributors
Index