So to Speak: The Free Speech Podcast

Ep. 210: The First Amendment at the Supreme Court

Mar 29, 2024

FIRE Chief Counsel Bob Corn-Revere and guests discuss Supreme Court's First Amendment cases including NRA v. Vullo, Murthy v. Missouri, Moody v. NetChoice, and more. They analyze government officials blocking critics on social media, legal analysis of concealed carry insurance policies, viewpoint discrimination in business insurance, government pressure on social media platforms, net choice legislation, and navigating Section 230 and the First Amendment on social media platforms.

01:23:11

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Episode guests

Bob Corn-Revere

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Quick takeaways

Government's influence on private entities in regulating unpopular speech highlighted in NRA v. Vullo case.

Balancing government intervention, free speech, and public accommodation regulations in NetChoice cases discussed.

Supreme Court's unanimous decision on social media blocking by public officials establishes criteria for First Amendment adherence.

Deep dives

NRA v. Vullo Case Summary

In the NRA v. Vullo case, the National Rifle Association sued Maria Vullo, head of New York's Department of Financial Services, alleging she pressured banks and insurers to sever ties with the NRA due to their gun advocacy. The Second Circuit dismissed the case, stating New York's actions are government speech. The case highlighted regulating unpopular speech and government's influence on private entities.

Government Regulation and First Amendment Rights

01:37

Determining Permissible Persuasion vs Unconstitutional Coercion

01:28

Introduction

3min

Government Coercion and Free Speech Rights

12min

Exploring the First Amendment and Informal Censorship in Literature

4min

Legal Analysis of Concealed Carry Insurance Policies and Reputational Harm in New York

2min

Viewpoint Discrimination in Business Insurance

7min

Government Pressure on Social Media Platforms

17min

Government Interaction with Social Media Companies

4min

Net Choice Legislation and Social Media Moderation

15min

Navigating Section 230 and First Amendment on Social Media Platforms

17min

10.

Closure and Engagement Wrap-Up of the Podcast Episode

2min

“I have never seen a Supreme Court term that is as consequential as this one is going to be,” said FIRE Chief Counsel Bob Corn-Revere, previewing this term’s First Amendment cases.

On today’s show, we analyze the oral arguments in four of those cases: NRA v. Vullo, Murthy v. Missouri (formerly Missouri v. Biden), Moody v. NetChoice, LLC, and NetChoice, LLC, v. Paxton.

We also discuss the court’s decision in two cases involving government officials blocking their critics on social media.

Joining the show are Corn-Revere, FIRE General Counsel Ronnie London, and FIRE Director of Public Advocacy Aaron Terr.

Timestamps

0:00 Introduction

3:29 NRA v. Vullo

26:05 Murthy v. Missouri

50:41 Netchoice cases

1:11:26 Lindke v. Freed and O’Connor-Ratcliff v. Garnier

1:21:24 Outro

Show Notes

NRA v. Vullo oral argument transcript

Bantam Books, Inc. et. al v Sullivan et al. (1963)