The Constitutionality of Mandating Editorial Transparency

Can the government require social media services to disclose data, or provide notifications, related to their content moderation practices? Many politicians seem to think so: they’re enacting such “transparency” rules as a second-best way to try to control how websites moderate content. In a forthcoming law review article, “The Constitutionality of Mandating Editorial Transparency,” Eric Goldman, a professor and associate dean at Santa Clara Law, explains why mandated “transparency” for online speech violates the First Amendment. Prof. Goldman joins the show to discusse his paper, analyze “transparency” mandates recently passed by Florida and Texas, and explain why this is such a crucial moment for free speech on the Internet.