CAN ONLINE CENSORSHIP BE BANNED? - Looking at the NetChoice Cases and the First Amendment
October 18, 2022
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34:26Now PlayingCAN ONLINE CENSORSHIP BE BANNED? - Looking at the NetChoice Cases and the First Amendment
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as posted by the channelDeplatforming is becoming a big issue, with Nick Rekieta kicked off Twitter and YouTube (now thankfully restored) and Nate the Lawyer pursuing legal action against the would-be censorship czar, Christopher Bouzy. Two cases decided this year, NetChoice v. Moody and Netchoice v. Paxton, are on track to go to the U.S. Supreme Court. Both involve challenges to state laws that seek to prohibit social media and other large online platforms from censoring or banning conversations they don't like. In Moody, the 11th Circuit Court of Appeals concluded that online platforms have a First Amendment right to censor users, but the 5th Circuit Court of Appeals reached the opposite conclusion in Paxton. How the disagreement is resolved will likely have far-reaching consequences for the future of digital communication. We take a look at the state laws at issue, the reasoning behind both decisions, and the reasons to be concerned about corporate monopolies holding the power to control public discourse.
The opinions are available online for review:
NetChoice v. Moody
NetChoice v. Paxton
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