Emergency Podcast: The Supreme Court’s Social Media Cases | Free Speech Unmuted

In Moody v. Netchoice, the Supreme Court considered the Florida and Texas laws that tried to limit social media platforms’ power to moderate (or is it censor?) user posts. In Murthy v. Missouri, the Supreme Court considered whether the federal government impermissibly pressured social media platforms to moderate (or is it censor?) user posts. What did the Court tell us? Jane and Eugene try to figure it out.
ABOUT THE SPEAKERS
Eugene Volokh is a senior fellow at the Hoover Institution. For thirty years, he had been a professor at the University of California - Los Angeles School of Law, where he has taught First Amendment law, copyright law, criminal law, tort law, and firearms regulation policy. Volokh is the author of the textbooks The First Amendment and Related Statutes (8th ed., 2023) and Academic Legal Writing (5th ed., 2016), as well as more than one hundred law review articles. He is the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Before coming to UCLA, Volokh clerked for Justice Sandra Day O’Connor on the US Supreme Court.
Jane Bambauer is the Brechner Eminent Scholar at the University of Florida's Levin College of Law and the College of Journalism and Communications. She teaches Torts, First Amendment, Media Law, Criminal Procedure, and Privacy Law. Bambauer’s research assesses the social costs and benefits of Big Data, AI, and predictive algorithms. Her work analyzes how the regulation of these new information technologies will affect free speech, privacy, law enforcement, health and safety, competitive markets, and government accountability. Bambauer’s research has been featured in over 20 scholarly publications, including the Stanford Law Review, the Michigan Law Review, the California Law Review, and the Journal of Empirical Legal Studies.
ABOUT THE SERIES
Hoover Institution Senior Fellow Eugene Volokh is the co-founder of The Volokh Conspiracy and one of the country’s foremost experts on the 1st Amendment and the legal issues surrounding free speech. Jane Bambauer is a distinguished professor of law and journalism at the University of Florida. On Free Speech Unmuted, Volokh and Bambauer unpack and analyze the current issues and controversies concerning the First Amendment, censorship, the press, social media, and the proverbial town square. They explain in plain English the often confusing legalese around these issues and explain how the courts and government agencies interpret the Constitution and new laws being written, passed, and decided will affect Americans' everyday lives.
For more information, visit www.hoover.org...
The opinions expressed are those of the authors and do not necessarily reflect the opinions of the Hoover Institution or Stanford University.
© 2024 by the Board of Trustees of Leland Stanford Junior University.
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[@jesuslovesaves2682]

Ultimately, I can see this fight going to the lowest level. The ISP or who ever owns the actual medium control the information that travels across it. Whoever controls the medium control the information.

[@carlcramer9269]

Common Law is so weird!

[@plebius]

A channel that frequently restricts comments on its videos, holds a discussion on people being able to comment on social media networks. Top class irony.

[@jesuslovesaves2682]

My problem with a lot of this is that imo the left leaning judges would rule completely different IF the controlling party of most social media companies were right leaning. A lot of how the left judges rule is not consistent but based what is to their interests of power and control. I do not believe the right leaning judges do the same. This is the way living document interpretation works you can always rule in favor of your beliefs and interest. Originalism is stuck with the legislatures intent whenever possible whether that is in the favor of the right or not.

[@plebius]

You know that the twitter owner is right leaning. You know that Google, Facebook etc have all given massive donations to the Republicans. You can also find a list of what social media CEO's donated where. I highly suggest you actually do some research and look at it. There are a lot more than you or the majority of people think. The list is long and full of the biggest names in tech. To say what you did, shows you have checked nothing.