Lawfare Archive: Content Moderation and the First Amendment for Dummies
The Lawfare Podcast
00:00
Do You Have Any Good, Only Very Bad Ideas?
I don't like Mark Zuckerberg making such important decisions by himself, depending on what he had for breakfast that morning. I struggle to come up with a law that would regulate that situation except for some very no-good, very bad ones. Maybe we need to really think seriously about the first amendment rules. But I certainly have this view that the platforms acted appropriately when they took down Trump's speech because it was incitement and because he was likely to engage in incitement again. And so let's just assume then that this puts pressure on the doctrine and we change our incitement rules. It doesn't qualify as incitement under the first amendment. So long as there is sufficient sympathy, political
Play episode from 37:50
Transcript
