Lawfare Archive: Kyle Langvardt on Platform Speech and the First Amendment
The Lawfare Podcast
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The First Amendment Argument and Content Moderation
The chapter explores the argument made by tech platforms that their content moderation decisions should be protected as a form of speech under the First Amendment. It discusses the comparison between platforms' decision-making and editorial choices made by newspapers, and examines the implications of recognizing these rights in terms of government regulation. The speakers also address the 'code is speech' argument and conclude by questioning the application of the First Amendment to regulate business decisions.
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