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The Lawfare Podcast

Kyle Langvardt on Platform Speech and the First Amendment

The Lawfare Podcast

The Lawfare Institute

Law, Terrorism, History, Politics, News, National Security, Foreign Policy, Intelligence, Diplomacy, International Law, International Relations, Constitutional Law, Rule Of Law, Current Events, Government, Military

4.76.4K Ratings

🗓️ 8 December 2020

⏱️ 48 minutes

🧾️ Download transcript

Summary

On Monday, Lawfare released the first paper in its "The Digital Social Contract" paper series. For each paper, Alan Rozenshtein will be doing a podcast interview with the author, and the first guest is law professor Kyle Langvardt of the University of Nebraska College of Law. His paper, "Platform Speech Governance and the First Amendment: A User-Centered Approach," examines how the First Amendment should and should not apply to the content moderation decisions of major internet platforms. Plus, Alan and Benjamin Wittes have a brief discussion to introduce the paper series as a whole.

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Transcript

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0:00.0

The following podcast contains advertising to access an ad-free version of the LawFair

0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:55.6

This is the most important part of the day.

1:02.6

This is the most important part of the day.

1:08.6

These platforms may have worked the underlying physics of speech to such an extent that our

1:16.5

ordinary assumptions about the marketplace of ideas, the freedom of speech just no longer

1:21.8

work.

1:24.2

And I suspect that over the very long run, the societies that really make it and manage

1:32.9

to preserve a system of robust free speech will be societies that somehow figure out a way

1:41.6

to restructure or even eradicate these platforms as we know them today, ad-driven social

1:48.6

platforms.

1:49.6

Now, with that being said, if we're going to assume that we're going to continue to

1:55.8

live with Facebook, Twitter, these ad-driven platforms that rely on viral speech, then

2:04.6

I think it's still worth our while to figure out how much of the First Amendment we can

2:10.3

salvage and apply as a kind of rule of law.

2:15.1

I'm Alan Rosenstein and this is the LawFair podcast December 8, 2020.

2:21.5

Yesterday, LawFair released the first paper in its digital social contract paper series.

2:27.1

For each paper, I'll be doing a podcast interview with the author, and today, my guest is

2:31.2

law professor Kyle Langvart of the University of Nebraska College of Law.

...

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