Ep. 172 What does the First Amendment protect on social media?

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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