Chapter 36 resources for the Cyberlaw book
By John Bandler
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Chapter 36 Cyber Speech and the Battle for our Minds
This chapter culminates our coverage of law, speech, expression, and society and explores the reasons why so many groups want to influence -- and even manipulate us -- online. Now that we understand the laws about speech and expression we can see where those laws end and explore what personal and societal duties should exist. We also cover the Communications Decency Act and other issues arising from speech and expression online, including a second look at the "Cannibal Cop" case.
Chapter references, resources, and additional reading
- Chapter 36 resources, https://johnbandler.com/cyberlawbook-resources-ch36/ (this page)
- Foundations within the book for this chapter:
- Chapter 3, (as we talk about how improper use of AI tools can impair and influence learning)
- Chapter 10, The First Amendment (foundation for laws on speech)
- Chapter 14, Cybercrime and Identity Theft (criminals want to influence and trick you)
- Chapter 15, Markets for your Data and a Need for Privacy (businesses want to know about you and influence you)
- Chapter 20, Substantive Cybercrime Laws (speech that could be criminally prosecuted)
- Chapter 23, Intentional Torts (speech that could be the subject of a civil suit)
- Chapter 35, International Cyber Conflict (nation-state propaganda and influence operations)
- Building Better Consumers and Voters, https://johnbandler.com/building-better-consumers-and-voters/
- U.S. v. Gilberto Valle, the “cannibal cop” case, https://johnbandler.com/us-v-valle-cannibal-cop-case/
- U.S. v. Valle, 807 F.3d 508, 511 (2d Cir., 2015) (conspiracy vs. protected fantasy)
- Facebook – Cambridge Analytica case, https://johnbandler.com/facebook-cambridge-analytica-case/
- Free Speech, the First Amendment, and Social Media (2), https://johnbandler.com/free-speech-first-amendment-social-media-2/
- First Amendment things to know, https://johnbandler.com/things-to-know-first-amendment/
- Communications Decency Act 47 U.S. Code § 230 - Protection for private blocking and screening of offensive material, https://www.law.cornell.edu/uscode/text/47/230
- Cornell LII Wex on First Amendment, https://www.law.cornell.edu/wex/first_amendment
- Lawrence Hamilton, Conspiracy vs. Science: A Survey of U.S. Public Beliefs, University of New Hampshire, Carsey Research (Spring 2022), https://carsey.unh.edu/publication/conspiracy-vs-science-survey-us-public-beliefs
- Galen Stocking et al, Pew Research Center, America’s News Influencers: The creators and consumers in the world of news and information on social media (Nov 18, 2024), https://www.pewresearch.org/journalism/2024/11/18/americas-news-influencers/
- Dan Olson (Folding Ideas), In Search Of A Flat Earth, via YouTube, https://www.youtube.com/watch?v=JTfhYyTuT44
- Birds Aren't Real, https://birdsarentreal.com
- Wikipedia, Birds Aren’t Real, https://en.wikipedia.org/wiki/Birds_Aren%27t_Real
- Carole Cadwalladr, This Is What a Digital Coup Looks Like, TED talk April 9, 2025, available on YouTube at https://www.youtube.com/watch?v=TZOoT8AbkNE (via TED channel)
- How AI changes the way you think (Will AI make you stupid?), The Economist, Jul 16, 2025, https://www.economist.com/science-and-technology/2025/07/16/will-ai-make-you-stupid. ("Across the board, the AI users exhibited markedly lower neural activity in parts of the brain associated with creative functions and attention." "Participants who made more use of AI scored lower across the board" [on a critical-thinking assessment].)
- Catherine Kim, How Gen Z Became the Most Gullible Generation, Politico, Apr 23, 2025, https://www.politico.com/news/magazine/2025/04/23/gen-z-media-tiktok-misinformation-00287561
- Sophie McBain, Are we living in a golden age of stupidity?, The Guardian, Oct 18, 2025, https://www.theguardian.com/technology/2025/oct/18/are-we-living-in-a-golden-age-of-stupidity-technology
Chapter questions
- What do you think about the speech categories laid out in the chapter, including the addition of "influencing speech"?
- To what extent are individuals subject to being influenced? How much of this influence comes from cyberspace?
- How often are we influenced to believe in facts, or to do things that are generally beneficial for ourselves or society?
- How often are we influenced to believe falsehoods, or to do things that are generally harmful for ourselves or society?
- If powerful or wealthy individuals or groups are able to influence others through cyberspace, how do we know how to detect those attempts, and then decide whether we should follow that influence or not?
- Is it concerning if a foreign power attempts to influence individuals within our country? Should it matter whether we agree with their position or not?
- Why do you think the CDA was named the way it was, and what do you think of that name?
- Are there conspiracy theories that you think are ridiculous, but that other people genuinely believe in?
- Are there beliefs that you think are true, but other people think they are ridiculous conspiracy theories?
- Is it generally ok to believe something is true, when it is false? Are there some false beliefs that are more dangerous or more harmful than others?
- How does one draw the line between "cyberbullying" and "free speech"? Do we need more precision with those terms?
- Are there age groups (generations) that are more or less likely to be duped online? Does this change by education level? By profession?
Links and information
- The book: Cyberlaw: Law for Digital Spaces and Information Systems, by John Bandler
- Cyberlaw Book Resources (main resources page)
- Cyberlaw book FAQ
- Cyberlaw main book page


- Amazon - John's Author page
- Udemy online course on cyberlaw
(other online courses too) - Services
This page is hosted at https://johnbandler.com/cyberlawbook-resources-ch36, copyright John Bandler, all rights reserved.
Originally posted 11/23/2024. Updated 12/20/2025.
