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Lawfare Archive: The Good, the Bad and the Ugly of Section 230 Reform

The Lawfare Podcast

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Is There a First Amendment Problem With Amplification?

The idea that we should distinguish between speech and reach is a useful one, right? That this is something that was coined by my Stanford colleague Renee D'Arresta. But the Supreme Court precedent on laws that just burden certain speech without outright banning it says those two kinds of laws get the exact same strict constitutional scrutiny. So I worry quite a bit about this approach to regulation in part because it's just hard for people to spot that there even is a First Amendment problem.

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