4.8 • 45 Ratings
🗓️ 17 March 2023
⏱️ 56 minutes
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0:00.0 | It is a remarkable time in the law of internet speech. |
0:17.6 | Of course, a litigant for the Supreme Court recently wrote, the First Amendment |
0:23.6 | applies with full force to websites. That litigant cited the seminal case of Reno versus |
0:31.0 | ACLU, 1997 Supreme Court decision. Series of upcoming cases will put that proposition to the test. |
0:42.6 | Last December, the court heard oral argument in 303 Creative versus Alainis. |
0:50.2 | The issue there is whether a website designer can be compelled to speak a message with which |
0:55.3 | she disagrees in the form of being forced to design a website for a gay wedding. |
1:02.5 | Pending before the court are cert petitions in Moody v. Netchoice and NetChoice versus |
1:08.9 | Paxton. At issue in those petitions are Florida and Texas's |
1:15.1 | social media speech codes. Those are SB 7072 and HB20 respectively. The issue is whether a |
1:24.2 | state can force a large private social media platform to disseminate messages |
1:29.6 | that it believes are dangerous or harmful or abhorrent. Or, on the contrary, do those large |
1:36.6 | social media platforms have a right to editorial discretion over the speech they disseminate? |
1:41.7 | We could be waiting a bit for the court to decide whether to review those |
1:46.4 | because the justices have called for the views of the Solicitor General. I don't think the |
1:53.5 | Solicitor General is going to issue a brief until after the court has decided Gonzalez versus Google, |
2:02.1 | more on that one in just a moment. |
2:04.4 | But there's no doubt, I'd say. |
2:06.9 | You never say never, but it is almost certain that the court will take those two cases, |
2:12.1 | or at least one of them, and that that will be on the docket next term. |
2:18.7 | Yes, Gonzalez versus Google, subject of a recent episode of the show. |
2:25.9 | The basic principles of freedom of speech and the press, Justice Scalia once wrote for the court, |
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