Eugene Volokh's new article, recently published by the Emory Law Journal, addresses the question of whether restrictions on social media or video game design practices—allegedly causing addiction—are consistent with the First Amendment.
The article begins by considering analogous arguments applied to religious practices that might cause emotional or financial harm, such as feelings of guilt or significant donations to religious organizations. Despite these harms, Volokh argues that the Free Exercise Clause would generally prevent restrictions on such religious practices.
Extending this reasoning, the article contends that similar protections should apply under the Free Speech and Free Press Clauses to speech products. Thus, the First Amendment should largely bar restrictions aimed at protecting individuals from their own potential addiction to features of speech, just as it would bar restrictions on supposedly addictive religious behaviors.
Volokh's analysis highlights the personal value many derive from religious beliefs and suggests that constitutional protections should similarly safeguard speech and press activities, even when concerns about addiction arise.
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