Oct 5, 2022
Does the First Amendment to the
United States Constitution protect a private social media company’s
right to moderate content on its platform?
A
new ruling from the U.S. Court of Appeals for the Fifth Circuit
says it does not, and that a Texas law preventing viewpoint
discrimination on social media platforms is
constitutional.
The
issue is likely bound for the Supreme Court, setting up what is
arguably the most consequential First Amendment legal case in a
half-century.
Institute for Free Speech Chairman and Founder
Brad Smith and George Mason University law professor Ilya Somin
join us to debate the ruling and the future of free speech on the
internet.
Show notes:
- Transcript
- Texas social media law, HB 20
- 5th Circuit Court of Appeals ruling in NetChoice v. Paxton
- 11th Circuit Court of Appeals ruling in NetChoice v. Attorney General, State of Florida
- Section 230 of the Communications Decency Act of 1996
- Pruneyard Shopping Center et al v. Robins et al. (1980)
- Masterpiece Cakeshop, LTD. v. Colorado Civil Rights Commission (2018)
- “Governor Newsom Signs Nation-Leading Social Media Transparency Measure”
- Packingham v. North Carolina (2017)
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