Militant Moralism: The Hegemonic Consequences of German Content Moderation

Abstract Germany’s content moderation law— NetzDG — is often the target of criticism in English-language scholarship as antithetical to Western notions of free speech and the First Amendment. The purpose of this Article is to encourage those engaged in the analysis of transatlantic content moderation schemes to consider how Germany’s self-ideation influences policy decisions. By considering what international relations scholars term ontological security , Germany’s aggressive forays into the content moderation space are better understood as an externalization of Germany’s ideation of itself, which rests upon an absolutist domestic moral and constitutional hierarchy based on the primacy of human dignity. Ultimately, this Article implores American scholars and lawmakers to consider the impact of this subconscious ideation when engaging with Germany and the European Union in an increasingly multi-polar cyberspace.