25min chapter

The Lawfare Podcast cover image

Jawboning at the Supreme Court

The Lawfare Podcast

CHAPTER

Government Coercion vs. Persuasion in Content Moderation

This chapter explores a case involving potential First Amendment violations by the Biden and Trump administrations regarding pressuring social media platforms to remove content deemed as disinformation. It discusses the procedural complexities of the case, challenges to the district court's findings, and the Supreme Court's consideration of the factual record and doctrine. The conversation delves into the nuances of government coercion versus persuasion in content removal, proposing potential structural protections like transparency laws to address asymmetries in platform-government interactions.

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