The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Free Speech

First Issue of the Journal of Free Speech Law Now Online


I'm delighted to report that, six months after the Journal of Free Speech Law was announced (and less than eight months after it was first conceived), the first issue of the Journal is now online (at, and will be printed in the next few weeks. We have two submitted articles plus a symposium on free speech and social media platforms, for a total of over 500 pages of material.

Our authors include some of the most-cited legal academics, such as Mark Lemley (Stanford) and Jack Balkin (Yale); Nadine Strossen (the former President of the ACLU); and many more. (We also hope to have articles by Kate Klonick and Genevieve Lakier, who participated in our Zoom symposium, in our next issue, likely in a few months.) I'll be blogging the abstract for each of the articles separately, but in the meantime, here's a link to the four-page introduction, Robe and Gown: Why Faculty- and Judge-Edited?

And here is our Table of Contents, with links:

Eugene Volokh, Robe and Gown: Why Faculty- and Judge-Edited? ….. 1
Jordan Wallace-Wolf, Think Again: The Thought Crime Doctrine and the Limits of Criminal Law ….. 5
Nadine Strossen, The Interdependence of Racial Justice and Free Speech for Racists ….. 51

Symposium: Free Speech and Social Media Platform Regulation

Jack M. Balkin, How to Regulate (and Not Regulate) Social Media ….. 71
Ashutosh Bhagwat, Do Platforms Have Editorial Rights? ….. 97
Adam Candeub, Reading Section 230 as Written ….. 139
Adam Candeub & Eugene Volokh, Interpreting 47 U.S.C. § 230(c)(2) ….. 175
Eric Goldman & Jess Miers, Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules ….. 191
Daphne Keller, Amplification and Its Discontents: Why Regulating the Reach of Online Content Is Hard ….. 227
Kyle Langvardt, Can the First Amendment Scale? ….. 273
Mark A. Lemley, The Contradictions of Platform Regulation ….. 303
Alan Z. Rozenshtein, Silicon Valley's Speech: Technology Giants and the Deregulatory First Amendment ….. 337
Eugene Volokh, Treating Social Media Platforms Like Common Carriers? ….. 377
Christopher S. Yoo, The First Amendment, Common Carriers, and Public Accommodations: Net Neutrality, Digital Platforms, and Privacy ….. 463