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Strict Scrutiny

Content Moderation, Machine Guns, and Trump's Trial Calendar

Mar 4, 2024
01:25:47
Snipd AI
Analysis of Supreme Court delaying Trump's trial, debate on banning bump stocks, and discussion on social media censorship as First Amendment violation. Evelyn douek joins to recap arguments. Podcast covers a range of legal and constitutional issues, including state laws regulating social media, machine gun laws, IVF regulations, and challenges to reproductive and immigration laws in Texas.
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Podcast summary created with Snipd AI

Quick takeaways

  • Challenges to content moderation laws require nuanced consideration of First Amendment implications beyond their facial invalidation.
  • Judicial caution is necessary when addressing the constitutionality of laws, balancing their potentially problematic applications with their legitimate scope.

Deep dives

Complex First Amendment Implications Highlighted by Facial Challenge Concerns

During the podcast episode, the discussion of facial challenges to the Texas and Florida laws revealed a nuanced consideration of the complexity of First Amendment implications. There was a focus on the idea that laws should not be invalidated on their face if there are potentially valid applications. These potential valid applications included scenarios where the laws might apply to non-expressive businesses similar to Uber or Etsy, as well as circumstances where the laws may be unconstitutional when applied to platforms like social media that curate content in news feeds but not necessarily in other functionalities like DMs or marketplaces.

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