The Concept of Editorial Judgment in First Amendment Doctrine

Last week the Fifth Circuit upheld a Texas social media law that, among other things, prevents platforms from discriminating against users based on their viewpoint. The leading opinion declared that a bunch of things we thought we knew about how the First Amendment and content moderation work are wrong. Next stop: the Supreme Court. evelyn talks with Daphne Keller, director of the Program on Platform Regulation at Stanford's Cyber Policy Center, and Genevieve Lakier, Professor of Law and the Herbert and Marjorie Fried Teaching Scholar at the University of Chicago, about what the ruling said and what it means—to the extent that’s decipherable.