Lawfare Archive: Content Moderation and the First Amendment for Dummies
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 31 December 2022
⏱️ 57 minutes
🧾️ Download transcript
Summary
From March 11, 2021: On this episode of Arbiters of Truth, the Lawfare Podcast’s miniseries on disinformation and misinformation, Evelyn Douek and Quinta Jurecic spoke with Genevieve Lakier, an assistant professor at the University of Chicago Law School and First Amendment expert. It’s basically impossible to have a conversation about content moderation without someone crying “First Amendment!” at some point. But the cultural conception of the First Amendment doesn’t always match the legal conception. Evelyn and Quinta spoke with Genevieve about what First Amendment doctrine actually says, how its history might be quite different from what you think and what the dynamism of the doctrine over time—and the current composition of the Supreme Court—might suggest about the First Amendment’s possible futures for grappling with the internet.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the LawFair podcast, |
| 0:08.0 | become a material supporter of LawFair at patreon.com slash law fair. |
| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | I'm Will Appleton with an episode from the LawFair Archive for December 31st, 2022. |
| 0:47.0 | Content moderation has been back in the news this month in a big way, |
| 0:51.0 | with the European Union expressing concern over Twitter's new content moderation practices, |
| 0:55.0 | or the possibility of lame duck legislative reforms to competition rules among big tech platforms. |
| 1:01.0 | For today's Archive episode, I chose an episode from March 2021. |
| 1:05.0 | In the episode, Evelyn Duac and Quintajer Essex sat down with Genevieve Lakeir |
| 1:09.0 | to discuss what First Amendment doctrine actually says, |
| 1:13.0 | how its history might be different from what you think, |
| 1:15.0 | how to grapple with the First Amendment in the age of the Internet, and more. |
| 1:27.0 | I'm Quintajer Essex, and this is the LawFair podcast, March 11th, 2021. |
| 1:33.0 | Today we're bringing you another episode of Arbiters of Truth, |
| 1:37.0 | the LawFair Podcast's mini-series on disinformation and misinformation. |
| 1:41.0 | It's basically impossible to have a conversation about content moderation |
| 1:45.0 | without someone crying First Amendment at some point, |
| 1:49.0 | but the cultural conception of the First Amendment doesn't always match the legal conception. |
| 1:55.0 | To help untangle what the First Amendment isn't, |
... |
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