The Impact of Section 230 on Online Speech

Does a cat stand on two legs or four? 

The answer to that question may tell you all you need to know about the government involving itself in social media content moderation.

On today’s show, we cover the latest tech policy developments involving the Federal Communications Commission, Federal Trade Commission, AI regulation, and more.

Guests:

- Ari Cohn, FIRE’s lead counsel, tech policy.

- Adam Thierer, a resident technology and innovation senior fellow at the R Street Institute  

- Jennifer Huddleston, a technology policy senior fellow at the CATO Institute

Timestamps:

00:00 Intro

01:30 Section 230

06:55 FCC and Section 230

14:32 Brendan Carr and “faith-based programming”

28:24 Media companies’ settlements with the Trump

30:24 Brendan Carr at Semafor event

38:37 FTC and social media companies

48:09 AI regulations

01:03:43 Outro

Read the transcript.

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Show notes:

• “Seeing reports that the FCC plans to take a vague and ineffective step on Section 230 to try to control speech online…” FCC Commissioner Anna M. Gomez via X (2025)

• “Federal Communications Commission Chair Brendan Carr taking first steps in eroding key legal protection enjoyed by Big Tech” New York Post (2025)

• Section 230 text

• “Federal Communications Commission” Brendan Carr via Project 2025 (2022)

• “Bless Ron Wyden and his steady defense of Section 230. He is absolutely right: 230 is a pro-competition law.” Adam Kovacevich via X (2025)

• “If Google is looking to block faith-based programming on YouTube, they are doing a really really bad job at it…” Adam Thierer via X (2025)

• “I have received complaints that Google’s @YouTubeTV is discriminating against faith-based programming…” Brendan Carr via X (2025)

• “FCC’s Carr defends broadcast probes, slams social media ‘threat’” Semafor (2025)

• “Petition for rulemaking of the national telecommunications and information administration” National Telecommunications and Information Administration (2020)

• “FCC Chair Brendan Carr taking first steps in eroding key legal protection enjoyed by Big Tech” New York Post (2025)

• “Big Tech censorship is not just un-American, it is potentially illegal…” FTC Chair Andrew Ferguson via X (2025)

• “Federal Trade Commission launches inquiry on tech censorship” FTC (2025)

• “Moody v. NetChoice” (2024)

• “The FTC is overstepping its authority — and threatening free speech online” FIRE (2025)

• “Wave of state-level AI bills raise First Amendment problems” FIRE (2025)

• “AI regulatory activity is completely out of control in the U.S…” Adam Thierer via X (2025)  

• “Cyber rights: Defending free speech in the digital age” Mike Godwin (1995)

• “Greg Lukianoff testimony before the House Judiciary Committee, February 6, 2024” FIRE (2024)

• “Technologies of Freedom” Ithiel de Sola Pool (1984)