The Role of U.S. Technology Companies as Enforcers of Europe's New Internet Hate Speech Ban

The European Commission and various U.S. technology companies have recently adopted a Code of Conduct on hate speech to deal, among other things, with two crises facing Europe: intolerance of refugees and growing terror attacks. While the goals of helping refugees and preventing terrorism are laudable, often moments of crisis result in overreaching by governments. Civil society groups have criticized the Code as endangering freedom of expression. As the key enforcers of the Code, U.S. companies are in the middle of this debate. This Essay seeks to examine how they should handle requests to remove Internet content in light of contemporary business and human rights frameworks, which have been endorsed by the U.S. Government.