Gia Luisa Honnen Co-Authors Notre Dame JET Law Review Article on Big Tech and Free Speech

Gia Luisa Honnen, a faculty member at Pepperdine Graziadio Business School, has co-authored an article in the Journal of Emerging Technologies at the University of Notre Dame. The publication examines the evolving legal landscape surrounding Big Tech companies, their role in moderating online speech, and the constitutional questions that follow.

The article explores whether Big Tech firms, by collaborating with government agencies on issues such as misinformation, elections, and public health, should be considered state actors with obligations to protect users’ constitutional rights. It provides a detailed review of the state action doctrine, the public function doctrine, and the immunity provisions of Section 230 of the Communications Decency Act, arguing that these legal frameworks may need reexamination in the digital age.

The co-authors highlight recent legal challenges, including Murthy v. Missouri, which underscored the difficulty of proving standing in censorship-related cases, as well as broader debates over whether platforms should be treated as common carriers. They also draw attention to historical parallels, such as the regulation of railroads, to suggest that unchecked private control over public communication channels may eventually trigger new regulatory frameworks.

By situating current controversies, ranging from the Hunter Biden laptop story to COVID-19 discourse, within longstanding constitutional principles, the article raises pressing questions about the balance between free expression, government influence, and private platform autonomy.

The publication contributes to a growing body of scholarship grappling with how First Amendment protections apply in a digital landscape where private corporations increasingly shape public discourse.

Read the full article here.