Jeffrey Toobin: It's hard to imagine what a national free speech regulation would look like. He says Congress should have done privacy and antitrust legislation in a whole different way. Toobin: There's no rational world where the best way to make tech policy is by nine, you know, older justices weighing in on a case every 20 something years.
As Justice Kagan has asked, “Every other industry has to internalize the costs of its conduct. Why is it that the tech industry gets a pass?” Yet she and the other 8 Supreme Court Justices seemed wary this week as they heard oral arguments in two cases that could upend the Section 230 immunity that social media companies enjoy, Gonzalez v. Google and Twitter v. Taamneh. Today, we hear from three experts: Stanford Law professor Evelyn Douek, National Constitution Center President and CEO Jeffrey Rosen and UC Berkeley computer science professor Hany Farid. Up for discussion — what’s at stake in these two cases, which way the wind seems to be blowing and, of course, will killing Section 230 kill the internet?
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