The Debate on Content Moderation Laws and Free Speech Online

In our inaugural live recording ofThe Dynamist, FAI hosted a debate on two upcoming Supreme Court cases, Moody v. NetChoice and NetChoice v. Paxton. These cases could have major implications for online free speech and whether states can regulate the practices of Big Tech platforms.

Over the past ten years, the debate over how companies and governments deal with online speech has only intensified. Whether you call it content moderation or censorship, people have very strong opinions about how companies like Meta, Twitter, YouTube, and TikTok moderate their platforms. Florida and Texas both passed laws in recent years aimed at cracking down on what they see as politically biased behavior by these companies. Florida Senate Bill 7072, among other provisions, imposes fines on companies who "deplatform" political candidates and news outlets. Texas House Bill 20 prohibits social media companies with 50 million or more active monthly users from discriminating against users based on their viewpoint.

On Feb 20, 2024, Evan moderated a debate at FAI’s office in Washington, DC. Arguing for NetChoice is Carl Szabo, Vice President & General Counsel of NetChoice, a trade association representing tech companies and the plaintiff in both cases. Arguing for the states is Adam Candeub, former Trump Administration official and Professor of Law at Michigan State University.