3min chapter

The Lawfare Podcast cover image

The Fifth Circuit is Wrong on the Internet

The Lawfare Podcast

CHAPTER

The First Amendment Isn't a Perfect Fit for the Digital Public Square

The parties have staked out these positions that are just diametrically opposed visions of the first amendment. I don't think itd actually be good for democracy if we were forced to choose between those two visions, i find them both unattractive. The state's vision would allow the state to distort public discourse in ways that i think would ultimately give the government far too much control over what can be said by whom. And on the other vision, the platforms, any regulatio of the platforms is almost certainly unconstitutional.

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