Lawfare Archive: Content Moderation and the First Amendment for Dummies

From March 11, 2021: On this episode of Arbiters of Truth, the Lawfare Podcast’s miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Genevieve Lakier, an assistant professor at the University of Chicago Law School and First Amendment expert. It’s basically impossible to have a conversation about content moderation without someone crying “First Amendment!” at some point. But the cultural conception of the First Amendment doesn’t always match the legal conception. Evelyn and Quinta spoke with Genevieve about what First Amendment doctrine actually says, how its history might be quite different from what you think and what the dynamism of the doctrine over time—and the current composition of the Supreme Court—might suggest about the First Amendment’s possible futures for grappling with the internet.

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