The Supreme Court’s NetChoice Decision: Online Free Speech on the Brink

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In this episode of New Ideal Live, Ben Bayer interviews Paul Taske, associate director of litigation at NetChoice, to discuss the Supreme Court’s recent NetChoice decision and what it means for the future of free speech in America.

Among the topics covered:

• The Supreme Court’s decision to send the question about regulating social media platforms back to the federal district courts;
• Why content moderation is not censorship;
• How NetChoice responds to objections from the Court’s minority;
• How the Florida and Texas laws violate the right not to speak;
• Why NetChoice chose to make a facial challenge to the laws;
• How NetChoice responds to the idea that social media platforms are common carriers;
• How to think about the issue of whether the government has an interest in regulating social media platforms;
• How to evaluate other disagreements between the majority and the minority.

Recommended in this podcast are Greg Salmieri’s article “Free Speech as a Right and a Way of Life” in Tara Smith’s The First Amendment: Essays on the Imperative of Intellectual Freedom and the previous New Ideal podcast episode “Does Social Media Censor?: A Conversation with Steve Simpson.”

The podcast premiered on August 15, 2024. Listen and subscribe from your mobile device on Apple Podcasts or Spotify. Watch archived podcasts here.