Can we regulate social media without breaking the First Amendment?

Decoder with Nilay Patel

So today I’m talking to Jameel Jaffer, executive director of the The Knight First Amendment Institute at Columbia University, about one of the hardest problems at the intersection of tech and policy right now: the question of how to regulate social media platforms. Everyone seems to think we should do it – Democrats, Republicans – even Facebook is running ads saying it welcomes regulation. It’s weird. But while everyone might agree on the idea, no one agrees on the execution, and the biggest hurdle is the First Amendment..

Links:

Florida governor signs law to block ‘deplatforming’ of Florida politicians

Judge blocks Florida’s social media law

Texas passes law that bans kicking people off social media based on ‘viewpoint’

Federal court blocks Texas law banning ‘viewpoint discrimination’ on social media

Social media companies want to co-opt the First Amendment. Courts shouldn’t let them.

Miami Herald Publishing Company vs. Tornillo

Pacific Gas & Electric Company v. Public Utilities Commission of California

Hurley v. Irish-American Gay, Lesbian Bisexual Group

Transcript:

https://www.theverge.com/e/22602514

Credits:

Decoder is a production of The Verge, and part of the Vox Media Podcast Network.

Today’s episode was produced by Creighton DeSimone, and Jackie McDermott and it was edited by Callie Wright.

The Decoder music is by Breakmaster Cylinder. Our Sr Audio Director is Andru Marino and our Executive Producer is Eleanor Donovan.

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