August 3, 2020
Live Online Policy Forum

The Vanishing Trial

Featuring Rachel E. Barkow (@rachelbarkow), Faculty Director of the Center on the Administration of Criminal Law, New York University; David Markus (@domarkus), Criminal Trial & Appellate Lawyer, Markus/​Moss; and Kevin Ring (@KevinARing), President, FAMM; moderated by Clark Neily (@ConLawWarrior), Vice President for Criminal Justice, Cato Institute.


How Strict Would “Strict Scrutiny” Be Online?

Some experts say social media should adopt a tripartite test drawn from international law to protect free speech online. A similar test in the United States has protected free speech reasonably well in some cases. The tripartite test has potential to protect free speech, but much still depends on who applies the test.