The inner conflict of liberalism in defining the limits to state coercion in relation to social media

Fellows, Jamie (2016) The inner conflict of liberalism in defining the limits to state coercion in relation to social media. Res Judicata: contemporary issues in administrative and public law, 1 (2).

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Abstract

The genesis of the problem between social media and State regulation can be seen as an issue relating to competing rights – on the one hand the rights of users to use this technology unfettered from State interference and on the other, the right of society to be protected from the myriad of harms that are alleged to stem from the use of social media. As such, even if one is to accept the tenets of liberalism as a legitimate political philosophy, it is arguable that liberalism itself is predisposed to an inner conflict when assessing the limits of State coercion and individual rights. This is due in part to the inherent flexibility or benefits, some would assert, within liberalism to allow for varying interpretations of the same social phenomena. That is to say, even within a society where liberalism is the accepted hegemonic system there is no uniform determination of what constitutes a legitimate level of State control as this would vary according to the social context and question for consideration.

Item ID: 42896
Item Type: Article (Commentary)
ISSN: 2206-3145
Keywords: liberalism, social media, state coercion, regulation
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Date Deposited: 09 Aug 2016 03:18
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940405 Law Reform @ 100%
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