Отдельные проблемы конституционного регулирования интернет-платформ в США

Правоведение. 2023. Т. 67. № 4. С. 379–392.

Diskin E.

In this article, the author explores how a specific understanding of freedom of speech, press, opinion, public-private culture in the United States legal system has played a paradoxically negative role in the development of the Internet platforms from the point of protecting user rights. The question is why big Internet platforms set rules for users in a way that is not in line with the law of the jurisdictions in which they operate, and what role in this is played by the legal interpretation of the First Amendment to the US Constitution, regulations governing the Internet platform in this country. The author is using the comparative-legal method, the method of analysis, the historical-legal method to investigate constitutional guarantees of freedom of speech, which were historically developed in the United States and concludes that due to the specificity of the current legal regulation these guarantees do not actually apply to Internet platforms, which in turn have moved from restricting spam and pornography to mass scale political censorship.

Keywords: социальные сети, цензура, свобода слова, конституционное право, США, USA, киберправо, freedom of speech, constitutional law, censorship, цифровые права, cyberlaw, digital rights, Social Media, Интернет-платформы, Internet platforms

Publication based on the results of: Analysis of the impact of barriers in the implementation of decisions on the digital transformation of the public administration system (2023)