Social Media, Populism, and Militant Democracy: An Argument for a Change in First Amendment Doctrine

Authors

Arvid Kerschnitzki, University of Augsburg

Abstract

The First Amendment is often hailed as the cornerstone of American self-government, but the digital age has transformed the public discourse it was meant to protect. Social media platforms, once envisioned as a modern marketplace of ideas, now amplify misinformation, entrench echo chambers, and enable mass manipulation, threatening the democratic ideal of an informed citizenry.

While the current First Amendment doctrine rightly emphasizes the importance of public discourse, that discourse must be inclusive, rational, and reliable to serve its democratic function. Drawing on the concept of militant democracy, this Article argues that contemporary doctrine has lost sight of free speech’s dual purpose—not only to protect individual liberty, but also to safeguard the democratic process—and that it must be reoriented to reflect this foundational balance.

Recommended Citation

Arvid Kerschnitzki, Social Media, Populism, and Militant Democracy: An Argument for a Change in First Amendment Doctrine, 28 Chap. L. Rev. 305 (2025).
Available at: https://digitalcommons.chapman.edu/chapman-law-review/vol28/iss2/2