Ep. 204: “Liar in a Crowded Theater” with Jeff Kosseff
Jan 18, 2024
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Jeff Kosseff, author of 'Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation,' discusses the First Amendment, Section 230, and famous lawsuits on defamation. Topics include anonymity, age verification laws, and the ongoing debate surrounding Section 230.
Anonymous speech promotes substantive discussions by allowing individuals to focus on arguments rather than individuals behind them.
Reforming Section 230 of the Communications Decency Act lacks a strong consensus and faces potential disruption and challenges.
Deep dives
The History of Anonymous Speech and its Importance
The podcast episode discusses the historical significance of anonymous speech and its importance throughout the years. It highlights how many influential writings and discussions were done anonymously to criticize the government or express dissent. It mentions cases such as Thomas Payne's Common Sense and the Federalist Papers that were published anonymously to avoid backlash and ad hominem attacks. The episode emphasizes that anonymous speech allows individuals to focus on the arguments rather than the individuals behind them, promoting a more substantive discussion. It also mentions recent discussions around the topic, such as Nikki Haley's suggestion to verify social media users' identities and age verification bills for adult websites. The episode concludes by emphasizing the complexities of balancing anonymity with other considerations, such as privacy and safety.
The Evolution of Section 230 and Current Debates
The episode delves into the current debates surrounding Section 230 of the Communications Decency Act. It highlights recent developments, including Justice Clarence Thomas' remarks and proposals from representatives of both parties to reform or gut Section 230. The episode notes that while there is ongoing discussion and debate, there does not seem to be a strong consensus or viable movement to reform Section 230 completely. It mentions that even the Supreme Court seems aware of the potential disruption and challenges that would arise from narrowing or striking down Section 230 protections. The episode concludes by highlighting the complexities of the issue and the importance of finding a balanced approach that protects free speech while addressing legitimate concerns.
The Implications of Defective Product Design Arguments
The episode explores recent legal cases involving social media platforms like Snapchat and argues that defective product design arguments are being used to challenge Section 230 protections. It specifically mentions cases related to drug overdoses due to content shared on Snapchat and the previous case involving Snapchat's speed filter feature. The episode discusses how plaintiffs are arguing that certain platform features, such as Snapchat's ephemeral nature or algorithmic amplification, constitute defective product design rather than protected speech. It notes that courts have allowed these cases to proceed, ruling that Section 230 does not protect against claims that focus on product design rather than speech content. The episode concludes by acknowledging the potential impact these cases could have on Section 230 and the need for careful consideration of the balance between liability protection and addressing potential harms.
The Future of Free Speech Globally
The episode mentions that the guest, Jeff Kosseff, is currently co-authoring a book on the future of free speech globally. It highlights the challenges facing free speech globally and the importance of the United States in setting an example for maintaining free speech protections. The episode mentions that the book will propose suggestions on how to prevent further erosion of free speech protections around the world. It also emphasizes the need for the United States to uphold its most speech protective nation status by standing strong in defending free speech principles.
Jeff Kosseff is an associate professor of cybersecurity law in the United States Naval Academy’s Cyber Science Department. He is the author of four books including his most recent, “Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation.” He has also written books about anonymous speech and Section 230 of the Communications Decency Act.
Timestamps
0:00 Introduction
2:30 Jeff’s focus on the First Amendment
4:27 What is Section 230?
9:30 “Liar in a Crowded Theater”
16:27 What does the First Amendment say about lies?
19:35 What speech isn’t protected?
21:27 The Eminem case
27:33 The Dominion lawsuit
38:44 “The United States of Anonymous”
46:39 The impact of age verification laws
49:43 “The Twenty-Six Words that Created the Internet”
