Chilling Effects, Online Harassment, Cyberbullying, Free Speech, First Amendment, Empirical Legal Research, Cyberharassment, Women's Rights, Gender Studies
Do laws criminalizing online harassment and cyberbullying "chill" online speech? Critics often argue that they do. However, this article discusses findings from a new empirical legal study that suggests, counter-intuitively, that while such legal interventions likely have some dampening effect, they may also facilitate and encourage more speech, expression, and sharing by those who are most often the targets of online harassment: women. Relevant findings on this point from this first-of-its-kind study are set out and discussed along with their implications.
Creative Commons License
This work is licensed under a Creative Commons Attribution 3.0 License.
Jonathon Penney, "Can Cyber Harassment Laws Encourage Online Speech?" in Urs Gasser, Robert Faris, Amar Ashar, & Nikki Bourassa, eds, Perspectives on Harmful Speech Online (Cambridge, Massachusetts: Berkman Klein Center Research Publication No. 2017-08, Harvard University, 2018) 10.
Computer Law Commons, Constitutional Law Commons, Criminal Law Commons, Human Rights Law Commons, Internet Law Commons, Law and Gender Commons, Law and Society Commons, Science and Technology Law Commons