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Publisher:
Cambridge University Press
Online publication date:
September 2025
Print publication year:
2025
Online ISBN:
9781009547703
Creative Commons:
Creative Common License - CC Creative Common License - BY Creative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/creativelicenses

Book description

Killing the Messenger is a highly readable survey of the current political and legal wars over social media platforms. The book carefully parses attacks against social media coming from both the political left and right to demonstrate how most of these critiques are overblown or without empirical support. The work analyzes regulations directed at social media in the United States and European Union, including efforts to amend Section 230 of the Communications Decency Act. It argues that many of these proposals not only raise serious free-speech concerns, but also likely have unintended and perverse public policy consequences. Killing the Messenger concludes by identifying specific regulations of social media that are justified by serious, demonstrated harms, and that can be implemented without jeopardizing the profoundly democratizing impact social media platforms have had on public discourse. This title is also available as open access on Cambridge Core.

Reviews

‘In response to widespread but unproven assumptions that social media is harming society, governments are regulating social media in a variety of ways. Prof. Bhagwat brings a clear-eyed sensibility to reviewing those efforts, repeatedly demonstrating how censorship ‘solutions’ are often worse than the problems regulators seek to redress.’

Eric Goldman - Professor, Santa Clara University School of Law and Co-Director, High Tech Law Institute

‘Killing the Messenger is a well-researched and lucidly-written book that challenges policy makers, judges, and legal scholars alike to measure (at least) twice before cutting once to avoid doing more harm than good when regulating social media platforms. Along the way, Professor Ash Bhagwat advocates for thoughtful, common-sense reforms that could successfully remedy some of the most pressing social problems commonly attributed to new media entities.’

Ronald J. Krotoszynski, Jr - John S. Stone Chair and Professor Law, University of Alabama

‘An important read. Bhagwat offers a much-needed antidote to the moral panic about social media that is everywhere these days. As he explains, we face real problems, but we need to look to ourselves and our institutions, not just social media, for the cause of those problems.’

Mark A. Lemley - William H. Neukom Professor, Stanford University

‘Thoughtful, fair-minded, and enlightening; highly recommended.’

Eugene Volokh - Thomas M. Siebel Senior Fellow, Hoover Institution, Stanford University

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Contents

Full book PDF
  • Killing the Messenger
    pp i-ii
  • Killing the Messenger - Title page
    pp iii-iii
  • The War on Social Media
  • Copyright page
    pp iv-iv
  • Contents
    pp v-vi
  • Acknowledgments
    pp vii-viii
  • Introduction
    pp 1-8
  • Social Media as the Mirror of Our Times
  • 1 - The Conservative War
    pp 9-25
  • Social Media as Censors
  • 2 - The Progressive War
    pp 26-50
  • Social Media as Enablers
  • 3 - The Data War
    pp 51-61
  • Social Media Kills Privacy
  • 4 - Social Media Platforms as Common Carriers
    pp 62-91
  • 5 - Social Media as the New Gatekeepers
    pp 92-117
  • 6 - Making Social Media Pay for Its Sins
    pp 118-145
  • Repealing or Amending Section 230
  • 7 - Privacy, Big Data, and Free Speech
    pp 146-163
  • 8 - Some Ways Forward
    pp 164-190
  • Conclusion
    pp 191-194
  • Embracing the Unknown
  • Index
    pp 195-202

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