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jawboning as a first amendment problem

PART OF THE FALL SEMINAR SERIES

Join us on October 19th for our weekly seminar from 12 PM - 1 PM PT featuring Genevieve Lakier, Professor of Law at University of Chicago's Law School and CPC Co-Director, Nate Persily. This series is organized by the Program on Democracy and the Internet, and the Cyber Initiative at the William and Flora Hewlett Foundation.

For years now, scholars have expressed alarm at the tendency of government officials to pressure—or “jawbone”—social media companies into taking down what the officials consider to be harmful or offensive speech, even when no law requires it. Scholars have worried, for good reason, that the practice of jawboning allows government officials to evade the stringent constraints on their power to regulate speech imposed by the First Amendment. But relatively little attention has been paid to the constitutional question of whether, or rather when, government jawboning itself violates the First Amendment. In fact, answering this question turns out to be quite difficult because of deep inconsistencies in the cases that deal with jawboning, both in the social media context and beyond. In this talk, I will explore what those inconsistencies are, why the case law is so unclear about where the line between permissible government pressure and unconstitutional governmental coercion falls, and what kind of jawboning rule might be necessary to protect free speech values in a public sphere in which both private companies and government officials possess considerable power to determine who can and cannot speak.

  

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Speaker Profile:

Genevieve Lakier teaches and writes about freedom of speech and American constitutional law. Her work examines the changing meaning of freedom of speech in the United States, the role that legislatures play in safeguarding free speech values, and the fight over freedom of speech on the social media platforms.
 
Genevieve has an AB from Princeton University, a JD from New York University School of Law, and an MA and PhD in anthropology from the University of Chicago. Between 2006 and 2008, she was an Academy Scholar at the Weatherhead Center for International and Area Studies at Harvard University. After law school, she clerked for Judge Leonard B. Sand of the Southern District of New York and Judge Martha C. Daughtrey of the Sixth Circuit Court of Appeals. Before joining the faculty, Genevieve taught at the Law School as a Bigelow Fellow and Lecturer in Law. She will serve as the Senior Visiting Research Scholar at the Knight Institute at Columbia University for the 2021-2022 school year, where she will be supervising a project exploring the relationship between the First Amendment and the regulation of lies, disinformation and misinformation.


 

Genevieve Lakier,
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More than a decade ago, the Oxford Roman Economy Project (OXREP)1 and the Cambridge economic history of the Greco-Roman world put the question of the performance of the Roman economy at the center of historical debate, prompting a flood of books and articles attempting to assess the degree of growth in the economy.2 The issue is of sufficient importance that it has figured in the narratives of economists analyzing the impact of institutional frameworks on the potential for growth.3 As the debate has continued, there has been some convergence: most historians would agree that there was some Smithian growth as evidenced by urbanization and trade, while acknowledging that production remained predominantly agricultural and based primarily on somatic energy (i.e., human and animal).4 This is, of course, a very broad framework that does not differentiate the Roman empire from other complex pre-industrial societies. The challenge is to refine the analysis in order to put content into the broad description of “modest though significant growth”5 and to offer a deeper understanding of the dynamics of the economy.

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Damian Pavlyshyn
Iain Johnstone
Richard Saller
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In response to rising immigration flows and the fear of Islamic radicalization, several Western countries have enacted policies to restrict religious expression and emphasize secularism and Western values. Despite intense public debate, there is little systematic evidence on how such policies influence the behavior of the religious minorities they target. In this paper, we use rich quantitative and qualitative data to evaluate the effects of the 2004 French headscarf ban on the socioeconomic integration of French Muslim women. We find that the law reduces the secondary educational attainment of Muslim girls and affects their trajectory in the labor market and family composition in the long run. We provide evidence that the ban operates through increased perceptions of discrimination and that it strengthens both national and religious identities.

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Assessing the Effects of the French Headscarf Ban
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Aala Abdelgadir
Vicky Fouka
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Can leveraging family history reduce xenophobia? Building on theories of group identity, we show that a family history of forced relocation leaves an imprint on future generations and can be activated to increase sympathy toward refugees. We provide evidence from Greece and Germany, two countries that vividly felt the European refugee crisis, and that witnessed large-scale forced displacement of their own populations during the twentieth century. Combining historical and survey data with an experimental manipulation, we show that mentioning the parallels between past and present differentially increases pledged monetary donations and attitudinal measures of sympathy for refugees among respondents with forcibly displaced ancestors. This differential effect is also present among respondents without a family history of forced migration who live in places with high historical concentration of refugees. Our findings highlight the role of identity and shared experience for reducing out-group discrimination.

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Evidence from the European Refugee Crisis
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Elisa Dinas
Vicky Fouka
Alain Schläpfer
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Nathaniel Persily
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The disclosures made by whistleblower Frances Haugen about Facebook — first to the Wall Street Journal and then to “60 Minutes” — ought to be the stuff of shareholders’ nightmares: When she left Facebook, she took with her documents showing, for example, that Facebook knew Instagram was making girls’ body-image issues worse, that internal investigators knew a Mexican drug cartel was using the platform to recruit hit men and that the company misled its own oversight board about having a separate content appeals process for a large number of influential users. (Haugen is scheduled to appear before a Congressional panel on Tuesday.)

Facebook, however, may be too big for the revelations to hurt its market position — a sign that it may be long past time for the government to step in and regulate the social media company. But in order for policymakers to effectively regulate Facebook — as well as Google, Twitter, TikTok and other Internet companies — they need to understand what is actually happening on the platforms.

 

Nate Persily

Nathaniel Persily

Co-director, Cyber Policy Center
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The social media company shouldn’t be able to hide information about whether and how it harms users (from the Washington Post)

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Soojong Kim event flyer for October 12th showing his face and name of event

PART OF THE FALL SEMINAR SERIES

Join us at the weekly Cyber Policy Center (CPC) seminar on Tue, October 12th from 12 PM - 1 PM PST featuring Soojong Kim, postdoctoral fellow at the Program on Democracy and the Internet. This session will be moderated by Co-Director of the CPC, Nate Persily. This is part of the fall seminar series organized by the Program on Democracy and the Internet, and the William and Flora Hewlett Foundation’s Cyber Initiative.

There has been growing concern about online misinformation and falsehood. It has been suspected that the proliferation of misleading narratives is especially severe on Facebook, the world’s largest social media site, but there has been a lack of large-scale systematic investigations on these issues. This talk will introduce a series of ongoing research projects investigating online groups promoting misleading narratives on Facebook, including anti-vaccine groups, climate change denialists, countermovements against racial justice movements, and conspiracy theorists. The presentation will discuss the prevalence, characteristics, ecosystem of misleading narratives on Facebook, and implications for potential interventions.

  

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Speaker Profile:

Soojong Kim is a postdoctoral fellow, jointly affiliated with the Program on Democracy and the Internet (PDI) and the Digital Civil Society Lab (DCSL) at Stanford University. He received his Ph.D. at the Annenberg School for Communication, University of Pennsylvania. His research centers around digital media, social networks, and information propagation. As a former computer scientist, he is also interested in developing and applying computational methods, including online experiments, large-scale data analysis, and computational modeling.


 

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This event is open to the public online via Zoom, and limited-capacity in-person attendance for Stanford affiliates may be available in accordance with Stanford’s health and safety guidelines.

 

The latest tensions between Europe and America in the wake of the Afghanistan pullout and the Australian submarine deal reflect more than just temporary friction, but rather may indicate profound shifts in the geopolitical order that could signal the dissipation of the Atlantic alliance three decades after the end of the Cold War and nearly eight decades after its birth.

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William Drozdiak

For more than four decades, William Drozdiak has been regarded as one of the most knowledgeable American observers of European affairs. During his tenure as foreign editor of the Washington Post, the newspaper won Pulitzer Prizes for its international reporting on the Israeli—Palestinian conflict and the collapse of the Soviet communist empire. He also served as the Post’s chief European correspondent, based at various times in Bonn, Berlin, Paris and Brussels, and covered the Middle East for Time magazine. He later became the founding executive director of the German Marshall Fund’s Transatlantic Center in Brussels and served for ten years as president of the American Council on Germany. Before becoming a journalist, he played professional basketball in the United States and Europe for seven years. His highly acclaimed book, “Fractured Continent: Europe’s Crises and the Fate of the West,” was selected by the Financial Times as one of the best political books of 2017. His latest book, “The Last President of Europe: Emmanuel Macron’s Race to Revive France and Save the World,” which focuses on France’s youthful president and his efforts to shape the future of Europe and a new world order, was published by Hachette and PublicAffairs in April 2020.

 

*If you need any disability-related accommodation, please contact Shannon Johnson at sj1874@stanford.edu. Requests should be made by October 18, 2021.

This event is co-sponsored by the Freeman Spogli Institute for International Studies.

Transcript of talk
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William Drozdiak Global Europe Fellow speaker Woodrow Wilson International Center for Scholars in Washington D.C.
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out of the rabbit hole event flyer with photo of becca lewis

PART OF THE FALL SEMINAR SERIES

Join us on October 5th at the Cyber Policy Center seminar from 12 PM - 1 PM PST featuring Becca Lewis, PhD Candidate in Communication at Stanford University. The session will be moderated by Kelly Born, Director of the Cyber Initiative at the William and Flora Hewlett Foundation. 

Conventional wisdom suggests that conspiracy theories and far-right propaganda thrive mainly at the end of algorithmic rabbit holes, in the deep, dark corners of the internet. This presentation will show that the opposite is true by explaining how in fact, harmful ideas gain traction through the charisma and popularity of internet celebrities in mainstream social media contexts. Through her extensive research on far-right YouTubers, Becca Lewis argues that instead of merely focusing our responses on the threat of algorithmic rabbit holes, we must also understand the power of amplification through thriving alternative media systems on- and offline.

  

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Speaker Profile:

Becca Lewis is a Stanford Graduate Fellow and PhD candidate in Communication at Stanford University, as well as a research affiliate at Data & Society Research Institute and the University of North Carolina’s Center for Information, Technology, and Public Life. Her research has been published in the journals Society Media + Society, Television and New Media, and American Behavioral Scientist, and her public writing has appeared in outlets including The Guardian, New York Magazine, and Columbia Journalism Review. She holds an MSc in Social Science from the Oxford Internet Institute.


 

Becca Lewis Stanford Graduate Fellow and PhD candidate in Communication at Stanford University
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Debak Das
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The new AUKUS security partnership led to an immediate diplomatic fallout between France and the United States. But beyond the concerns about NATO and the Western alliance, or questions about great-power competition in the Pacific, some analysts see another worry: Will sharing nuclear submarine propulsion technology with Australia set back the nuclear nonproliferation regime?

What does this deal mean for nonproliferation? Have such transfers of nuclear submarine technology occurred in the past? Here are four things to know.

Read the rest at The Washington Post

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The new AUKUS security partnership led to an immediate diplomatic fallout between France and the United States. But beyond the concerns about NATO and the Western alliance, or questions about great-power competition in the Pacific, some analysts see another worry: Will sharing nuclear submarine propulsion technology with Australia set back the nuclear nonproliferation regime?

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The American Passport in Turkey
The American Passport in Turkey explores the diverse meanings and values that people outside of the United States attribute to U.S. citizenship, specifically those who possess or seek to obtain U.S. citizenship while residing in Turkey. Özlem Altan-Olcay and Evren Balta interviewed more than one hundred individuals and families and, through their narratives, shed light on how U.S. citizenship is imagined, experienced, and practiced outside of the United States. Offering a corrective to citizenship studies where discussions of inequality are largely limited to domestic frames, Altan-Olcay and Balta argue that the relationship between inequality and citizenship regimes can only be fully understood if considered transnationally. Additionally, The American Passport in Turkey demonstrates that U.S. global power not only reveals itself in terms of foreign policy but also manifests in the active desires people have for U.S. citizenship, even when they do not live in the United States. These citizens, according to the authors, create a new kind of empire with borders and citizen-state relations that do not map onto recognizable political territories.

The American Passport in Turkey has recently won the American Sociological Association, Global and Transnational Sociology Section, Best Book by an International Scholar Award.
 

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ABOUT THE AUTHORS

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Özlem Altan-Olcay
Özlem Altan-Olcay is an associate professor in the Department of International Relations and the associate director of the Graduate School of Social Sciences and Humanities at Koç University in Istanbul, Turkey. She is also an editor of Gender, Place, and Culture as well as an assistant editor of Citizenship Studies. She has a Ph.D. degree from New York University, Department of Politics. Her primary research interests include citizenship studies and gender and development. Her research has been supported by the New York University International Center for Advanced Studies, the UN Population Council, the Middle East Research Competition, the Scientific and Technological Research Council of Turkey, the Turkish Science Academy, and the EU Marie Curie Individual Fellowship Program. Some of her recent articles have appeared in Development and Change, Ethnic and Racial Studies, Feminist Economics, Gender, Place and Culture, International Feminist Journal of Politics, Sociology, Social Politics, and Women’s Studies International Forum. She has recently co-authored (with E. Balta) The American Passport in Turkey: National Citizenship in the Age of Transnationalism, published by the University of Pennsylvania Press (2020).
 

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Evren Balta
Evren Balta is a Professor of International Relations and the chair of the International Relations Department at  Özyeğin University. She holds a Ph.D. in Political Science from The Graduate Center, CUNY. Her articles have appeared in journals such as Party Politics, Ethnic and Racial Studies, Sociology, Gender Place & Culture. She is the author of The American Passport in Turkey: National Citizenship in the Age of Transnationalism (with O Altan-Olcay, University of Pennsylvania, 2020), Age of Uneasiness (İletisim, 2019), and Global Security Complex (İletisim, 2012). She is the editor of Neighbors with Suspicion: Dynamics of Turkish-Russian Relations (with G. Ozcan and B. Besgul, İletisim, 2017); Introduction to Global Politics (Iletisim, 2014) and Military, State and Politics in Turkey (with I. Akca, Bilgi University, 2010). Her research has been supported by the American Association for the University Women, Mellon Foundation, Bella Zeller Scholarship Trust Fund, the Scientific and Technological Research Council of Turkey, and the Fulbright Scholar Program. In 2018, she received the Distinguished Alumni Award of the Political Science Program at the CUNY-The Graduate Center. Balta is a senior scholar at Istanbul Policy Center, a member of Global Relations Forum, and co-editor of International Relations Journal. She is appointed as the academic coordinator of the TÜSİAD Global Politics Forum in 2021.

Online via Zoom. Register here.

Özlem Altan-Olcay Koç University
Evren Balta Özyeğin University
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