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Cox and Wyden on Section 230 and Generative AI

The Lawfare Podcast

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The First Amendment and Content Moderation

Cox: There are two leading cases, one in the fifth circuit, net choice against Paxton. Cox: The question is whether the state can insert itself as second-guesser over content moderation decisions of social media platforms and all manner of internet websites. Cox: editorial discretion inherent in content moderation is protected by the first amendment but that protection is much broader than section 230.

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