In Harm’s Way: The Desperate Need to Update America’s Free Speech Model

America’s current free speech model is archaic. This Article argues that unprecedented advances in communications technology, while beneficial for countless purposes, have created an imbalance in America’s free speech model. This imbalance leaves innocent third parties dangerously exposed to harm. Despite its countless benefits, the Internet is an excellent example, as it affords its users the ability to make incendiary mass public statements that may incite violence. Under the current model, an instigator has zero accountability for remotely inducing harms that are a physically proximate result of his actions. This Article proposes a practical model to remedy the current imbalance that technological advances have caused. This revised model would protect innocent third parties from harm while ensuring free speech is not unjustly chilled.