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3 J. Free Speech L. 1 (2023)

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     INTRODUCTION: MEDIA AND SOCIETY AFTER TECHNOLOGICAL
                               DISRUPTION

                   Justin Gus Hurwitz & Kyle Langvardt


    The internet has remade both the media and the social institutions that sur-
round the media. Speech was not cheap in the twentieth century. News organiza-
tions had to buy newsprint, paper, distribution networks, transmitters, spectrum
licenses-all kinds of things that cost much more than a Facebook page-if they
wished to reach an audience. But the few news organizations that could cover these
costs held a safe market position, and from this perch, they wielded a great deal of
epistemic and moral authority in their communities. They became gatekeepers
with the power and the responsibility to decide what information, and what claims,
were fit to print. Much of media law, and particularly First Amendment law, seems
to have developed around the assumption that news organizations could and would
play this gatekeeping role, and that the government should therefore rarely need to.
    That world is gone. Competition from the internet and social media has deci-
mated the business model that underwrote the twentieth century's gatekeepers.
And  those twentieth-century media institutions that have survived disruption-
institutions such as the New York Times or the major television networks-are in
no position to play gatekeeper. News consumers mostly get whatever flavor of
news they wish, and individual speakers mostly decide what kind of speech is fit
to post. There are gatekeepers in this environment, but they are institutions like
Facebook, TikTok, or YouTube that bear little resemblance to yesterday's news gi-
ants and that wield their power in ways that lack any clear twentieth-century ana-
log. The law is only beginning to catch up.
    This project gathers sixteen scholars in law, media, technology, and history to
consider these changes together. We divided into four groups of four, with each
group considering one broad facet of the situation. The Essays gathered here as a
symposium  will ultimately be published as a book through Cambridge University
Press, MEDIA AND SOCIETY AFTER TECHNOLOGICAL  DISRUPTION.


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