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The Lawfare Podcast

Jawboning at the Supreme Court

Mar 21, 2024
The podcast discusses the First Amendment implications of government outreach to social media platforms, known as jawboning. The Supreme Court seems skeptical of claims of government censorship. The conversation explores government coercion versus persuasion in content moderation and the challenges in determining permissible contacts. It also delves into the complexities of regulating terrorist speech and the implications for free speech in various legal cases.
51:38

Episode guests

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Quick takeaways

  • Supreme Court justices questioned the validity of factual findings in government-platform interactions under the First Amendment.
  • The importance of transparent government-platform communication to prevent unconstitutional coercion and chilling effects on independent research.

Deep dives

Overview of the Murthy v. Missouri Case and Background

The Supreme Court heard arguments in Murthy v. Missouri concerning government outreach to social media platforms, questioning First Amendment implications. States claimed their posts were censored by platforms under government influence. The case questions constitutional claims under the First Amendment on government-overseen online content.

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