Decoder with Nilay Patel Can we regulate social media without breaking the First Amendment?
Dec 16, 2021
Jameel Jaffer, the Executive Director of the Knight First Amendment Institute, dives into the complex world of social media regulation. He unpacks the rare bipartisan agreement on the need for regulation while grappling with First Amendment challenges. Jaffer discusses contrasting editorial practices between social media platforms and traditional media, as well as the legal implications surrounding Section 230. The conversation also covers potential court decisions that could influence social media legislation and the future landscape of digital free speech.
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Social Media Regulation Hurdles
- Social media regulation faces hurdles like transparency requirements and content moderation debates.
- The biggest hurdle is the First Amendment, as platforms have free speech rights.
Expansive First Amendment Arguments
- Social media companies argue for maximal First Amendment interpretations in court.
- This could prevent reasonable regulations like transparency and privacy laws.
Viewpoint Discrimination in State Laws
- Florida and Texas laws, passed after platforms banned Trump, impose transparency requirements and restrict deplatforming.
- These laws are viewed as viewpoint discriminatory and unconstitutional.