The Three-Body Problem: Platform Litigation and Absent Parties

The Three-Body Problem: Platform Litigation and Absent Parties

From Lawfare Blog

Disputes about platforms’ responsibilities for online speech almost always involve three competing interests. But in typical litigation, only two parties are represented. As a result, courts don’t hear from absent people or groups who may be seriously affected by a ruling. Put simply, the three parties are people who want to speak, people harmed by speech, and platforms. The missing party is usually one of the first two. 


 

Daphne Keller

Daphne Keller

Director, Program on Platform Regulation
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