Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2018 Is the First Amendment Obsolete? Tim Wu Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Commercial Law Commons, Environmental Law Commons, First Amendment Commons, and the Science and Technology Law Commons Recommended Citation Tim Wu, Is the First Amendment Obsolete?, 117 MICH. L. REV. 547 (2018). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2079 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. IS THE FIRST AMENDMENT OBSOLETE? Tim Wu* The First Amendment was brought to life in a period, the twentieth century, when the political speech environment was markedly differently than today’s. With respect to any given issue, speech was scarce, and limited to a few newspapers, pamphlets or magazines. The law was embedded, therefore, with the presumption that the greatest threat to free speech was direct punishment of speakers by government. Today, in the internet and social media age, it is no longer speech that is scarce—rather, it is the attention of listeners. And those who seek to control speech use new methods that rely on the weaponization of speech itself, such as the deployment of “troll armies,” the fabrication of news, or “flooding” tac- tics. This Essay identifies the core assumptions that proceeded from the founding era of First Amendment jurisprudence, argues that many of those assumptions no longer hold, and details the new techniques of speech control that are used by governmental and nongovernmental actors to censor and degrade speech.