Protecting free expression today requires cooperation across multiple sectors, each with unique benefits and risks. Private technology companies, governments, civil society, and the media all play powerful roles in shaping what speech is protected, or restricted, in the modern information environment.

Private internet companies hold immense power over online speech. Social media platforms can quickly remove harmful content, limit harassment, and curb misinformation, helping protect users from real-world harm. As Jack Balkin argues in “How to Regulate (and Not Regulate) Social Media,” platforms function as essential infrastructure for public discourse and therefore influence democratic participation. However, their content moderation decisions can lack transparency and consistency. Facebook’s Oversight Board decisions, such as its rulings on content moderation and private residential information policies, demonstrate attempts to introduce accountability but also highlight ongoing concerns about corporate control over speech. These companies must continue improving transparency and appeal systems while avoiding over-censorship that could silence legitimate expression.

Government and policymakers also shape free expression protections, but their involvement can both defend and threaten speech. Governments can pass laws that safeguard digital rights or hold platforms accountable. Yet regulation often risks political overreach. Daphne Keller notes in “If Lawmakers Don’t Like Platforms’ Speech Rules…The Options Aren’t Great” that heavy-handed regulation can undermine free speech and innovation. Examples like Arizona’s proposed law criminalizing filming police raise serious First Amendment concerns by restricting public oversight of authority. Governments must focus on protecting transparency and accountability while avoiding policies that suppress dissent or investigative activity.

Civil society organizations and third-party researchers serve as watchdogs and advocates. Groups like Article 19 and academic researchers analyze global trends and warn against censorship, such as concerns about proposed UN cybercrime conventions threatening free expression. Their independence allows them to critique both governments and corporations. However, they often lack enforcement power and may struggle with funding or political pressure. To safeguard free expression, civil society must continue producing research, advocating for digital rights, and promoting media literacy to counter misinformation without encouraging censorship.

Finally, media and news organizations play a crucial role in informing the public and defending press freedom. Investigative journalism exposes abuses of power and amplifies marginalized voices. Yet journalists face increasing threats, including harassment, disinformation campaigns, and legal pressure. As Jacob Mchangama explains in “The War on Free Speech: Censorship’s Global Rise,” both democratic and authoritarian governments are expanding restrictions on expression. Media institutions must uphold ethical reporting standards, resist political pressure, and protect journalists while maintaining credibility in an era of declining public trust.

Ultimately, safeguarding free expression requires collaboration across sectors. Technology companies must improve transparency, governments must avoid overreach, civil society must remain vigilant, and media organizations must defend press freedom. Only through shared responsibility can free expression survive in today’s complex digital landscape.

References

Article 19. (2022). Russia: Proposed UN cybercrime convention must uphold free speech.
https://www.article19.org/resources/russia-proposed-un-cybercrime-convention-must-uphold-free-speech/

Balkin, J. (2020). How to regulate (and not regulate) social media. Knight First Amendment Institute.
https://knightcolumbia.org/content/how-to-regulate-and-not-regulate-social-media

Binion, B. (2022, February). Arizona House committee approves bill to criminalize filming cops on the job. Reason.
https://reason.com/2022/02/16/arizona-house-committee-approves-bill-to-criminalize-filming-cops-on-the-job/

Facebook Oversight Board. (2021). Oversight Board Case No. 2021-001-FB-FBR.
https://www.oversightboard.com

Facebook Oversight Board. (2022). Policy advisory on sharing of private residential information.
https://www.oversightboard.com

Free Speech Project, Georgetown University. (2023). When did the Jan. 6th insurrection move past the First Amendment?
https://freespeechproject.georgetown.edu

Keller, D. (2020). If lawmakers don’t like platforms’ speech rules, here’s what they can do about it (spoiler: the options aren’t great). TechDirt.
https://www.techdirt.com/2020/01/13/if-lawmakers-dont-like-platforms-speech-rules-heres-what-they-can-do-about-it-spoiler-options-arent-great/

Mchangama, J. (2022). The war on free speech: Censorship’s global rise. Foreign Affairs.
https://www.foreignaffairs.com/articles/world/2022-02-08/war-free-speech