
The Fifth Circuit is Wrong on the Internet
The Lawfare Podcast
Is It Possible to Write Down a Law That Would Satisfy Intermediate Scrutiny?
The fifth circuit opinion puts forward such an extreme doctrinal framework that this sort of compromise solution is not possible. I can imagine laws that would survive intermediate scrutiny in this area, maybe there 're two buckets. One i would think of as a kind of easier bucket, which would be structural approaches to the platforms market position. And there may be no other laws that could pass intermediate scrutiny and still have some effect on social media companies.
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