#297: The Latest on Section 230

Tech Policy Podcast

TechFreedom

Technology

4.8 • 45 Ratings

🗓️ 29 July 2021

⏱️ 54 minutes

🔗️ Recording | iTunes | RSS

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Summary

Section 230 is as important — and as widely misunderstood — as ever. TechFreedom’s Free Speech Counsel, Ari Cohn, joins the show to discuss the latest lawsuits, legal theories, and legislative bills swirling around the great charter of free speech on the Internet. Update: Ari and Corbin fret, on the show, about the Second Circuit’s grant of rehearing in Domen v. Vimeo — a case in which the panel straightforwardly applied Section 230(c)(2). It turns out that the court granted only panel rehearing (not en banc rehearing), and that it did so simply to issue a slightly amended opinion. Phew! Better yet, the amended opinion cites an article written by Berin, our president, and Ashkhen, a former host of this podcast. For a discussion of that article, Section 230: An Introduction for Antitrust & Consumer Protection Practitioners, check out Episode #280.

Transcript

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0:00.0	Welcome to the Tech Policy Podcast. I'm Corbyn Barthold.
0:11.7	Although Section 230 has historically been a staple of this podcast, it's been a while
0:18.2	since we've devoted much attention to it.
0:25.0	I wouldn't be surprised if some of our listeners have welcomed a little break from the topic.
0:28.0	But that break ends today.
0:33.4	I'm joined by Arikone, Tech Freedom's inaugural free speech council.
0:39.1	He's the perfect person to get us caught up on all the silly, crazy goings on in the bizarreo bad trip mad tea party vortex that has formed around Section 230.
0:46.8	Ari, welcome.
0:49.6	Thanks for having me.
0:51.0	This is your first appearance on the podcast since joining Tech Freedom. It's great to
0:56.7	have you both at the organization and here on the show. I'm going to start with a question. I actually
1:03.9	haven't asked you even in private yet. You're so committed to free speech that the term is in your
1:10.7	job title.
1:12.4	Why?
1:13.6	Well, you know, what drives you?
1:16.4	You know, actually, it's funny.
1:18.7	I grew up in Skokie, Illinois, a site of one of the legendary First Amendment cases in our country's history,
1:27.4	when the Nazis wanted, the American
1:29.2	Nazi Party wanted to march through the highest concentration of Holocaust survivors around.
1:37.8	And that happened obviously before I was born. I'm old, but I'm not that old. But growing up, I learned about that every year in school.
1:47.4	My parents made me watch the movie Skokie when I was young. And they kind of got me into that
1:52.9	groove of being the hipster civil libertarian about it. And I think at one point, I'm pretty sure I was set up.
	...

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