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Brian Fishman on Violent Extremism and Platform Liability

The Lawfare Podcast

CHAPTER

The First Amendment and Facebook's Ability to Take Down Material Without Opening Itself Up to Liability

Section 230 protects platforms from legal liability for choosing to take material down. But of course, there's also the First Amendment, right? Why isn't that sufficient? And why is it, in your view, that policymakers need to be more careful about thinking about the statutory element and constitutional sort of backstop?

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