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Tech Policy Podcast

383: SCOTUS Internet Non-Law

Aug 27, 2024
Corbin Barthold, Ari Cohn, and Santana Boulton from TechFreedom tackle recent Supreme Court cases impacting online speech. They dive into the implications of key rulings like Moody v. NetChoice, expressing concerns about legislating without accountability. Justice Kagan’s progressive stance surprisingly earns praise, while Justice Alito's frustrations are also highlighted. The trio debates the future of free speech amidst rising content moderation challenges, and they critically assess age-gating of adult content and its implications for First Amendment rights.
01:18:21

Podcast summary created with Snipd AI

Quick takeaways

  • The Supreme Court's cautious rulings on online speech cases highlight significant uncertainty about the future of First Amendment protections in the digital landscape.
  • Discussions on the Free Speech Coalition versus Paxton case emphasize the chilling effects of age verification laws on lawful adult expression and First Amendment rights.

Deep dives

The Supreme Court's Inaction on First Amendment Protections

The Supreme Court is facing significant cases related to online speech that could fundamentally alter First Amendment protections for the internet. Recently, the Court has taken cases like Net Choice and Murthy versus Missouri without issuing substantial rulings, which has left much uncertainty regarding state control over social media platforms. Court decisions in the previous term indicated both support for editorial control by platforms but simultaneously did not resolve many key issues, such as the constitutionality of specific state laws. This hesitation to make definitive rulings raises questions about the future of online speech and whether the Court is strategically avoiding setting a broad precedent.

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