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#350: When the Government Yells at Social Media

Tech Policy Podcast

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The Government's Position on Vaccine Misinformation

I think no matter how you slice it this ends up as a very fact driven analysis that is really just runs away from bright lines because things like tone and words are so context specific. I don't think there is much hope of getting some kind of clear authoritative statement. Most likely we end up with a very narrow cabin opinion. If this goes to the Supreme Court anyway who knows what happens at the fifth circuit that basically applies to this situation and others like exactly like it. The strongest test is the coercion test, and that's the one that I would plant my flag in.

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