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Abstract

This is a review of Alan Dershowitz’s new book, The Case Against the New Censorship. The book discusses novel points on the subject, such as how the demographics of anti-free speech advocates are cause for additional concern and some tactical advice for arguing in favor of free speech. Unfortunately, the problems present in the book outweigh these benefits. For example, public and private censorship is conflated throughout the book, and no practical solution to the alleged decrease in free speech is provided. This review mainly focuses on the importance of the public/private distinction, including what private companies such as Facebook and Twitter can learn from the harms of government censorship and the rare entanglement exception in which a private company can be held liable for First Amendment violations.

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