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Lawfare Archive: Content Moderation and the First Amendment for Dummies

The Lawfare Podcast

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Are We Ready for Federal Regulation or Content Practices?

I'm not sure even leaving aside the judicial politics question, if we're ready for federal regulation or content practices. I think there's just a lot of uncertainty about what the rules of the road for the digital public sphere should be. And so, my preference would be for some collective public facing, transparent body group made up of the platforms and then maybe representative from civil society to come together on this issue. But as soon as Congress steps in and does anything more than sneeze when it comes to the social media companies, there is going to be a First Amendment challenge.

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