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We the People

President Trump, Justice Thomas, and the Future of Social Media

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 15 April 2021

⏱️ 72 minutes

🧾️ Download transcript

Summary

Recently, the Supreme Court seemingly put an end to the legal battle over whether President Trump violated the First Amendment by blocking people on Twitter by instructing the lower court to declare the case moot. Justice Thomas authored a separate concurring opinion that expanded on the language of the Court’s decision to discuss the power of social media platforms over free speech. This week, we discuss that opinion and the potential broader impacts of this case—now known as Biden v. Knight First Amendment Institute due to the change in administrations—on the future of the First Amendment. Katie Fallow, senior staff attorney at the Knight First Amendment Institute who led litigation of this case since its inception, and Eugene Volokh, professor of law at UCLA Law, joined host Jeffrey Rosen. Questions or comments about the podcast? Email us at podcast@constitutioncenter.org. Additional resources and transcript available at constitutioncenter.org/interactive-constitution/media-library.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:08.0

to We The People, a weekly show of constitutional debate.

0:11.0

The National Constitution Center is a nonpartisan nonprofit chartered

0:15.6

by Congress to increase awareness and understanding of the Constitution among the American

0:21.0

people. The Supreme Court recently vacated the Second Circuit's ruling that President Trump violated the First Amendment by blocking people on Twitter.

0:30.0

Justice Thomas authored a fascinating concurring opinion

0:35.0

where he expressed concern about the power of social media companies over free speech

0:41.0

to discuss Justice Thomas's concurrence and the broader impacts of the case,

0:45.2

I'm joined by two of America's leading First Amendment experts and scholars.

0:50.3

Katie Fallow is a senior staff attorney at the Knight First Amendment Institute at Columbia University.

0:56.0

She is one of the lead lawyers in this case now known as Biden versus Knight.

1:01.0

Katie, it is wonderful to have you back on the show.

1:03.5

Thanks for having me. It's great to be here.

1:06.0

And Eugene Volick is Gary T Schwartz Distinguished Professor of Law at UCLA Law School,

1:12.0

where he teaches First Amendment law. He blogs at the

1:14.9

Walla conspiracy on reason.com where he wrote the piece Justice Thomas suggests

1:20.3

rethinking legal status of digital platforms.

1:23.2

Eugene, thank you so much for joining.

1:25.4

Thanks very much for inviting me.

1:27.4

Katie, we joined on We The People about a year ago

1:30.9

to discuss this important case, which you've been part of since the

1:35.9

district court level. Tell us about the constitutional stakes in the case. What did

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