Nicholas McBride (University of Cambridge – Faculty of Law) has posted “‘All Watched Over By Machines of Loving Grace’? The Inevitable Conflict between Contract Law and Free Speech in Cyberspace” (Davies and Raczynska, Contents of Commercial Contracts: Terms Affecting Freedoms (Hart Publishing, 2020)) to SSRN. Here is the abstract:
This paper discusses why it is inevitable that contract law will be used as a means of censoring speech on the Internet, and why contract law allows itself to be used to limit freedom of speech.
Recommended. For an economic theory of why the state trades off public with private lawmaking in this context, see “Optimal Social Media Content Moderation and Platform Immunities”.