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The John Batchelor Show

#SCOTUS: Upcoming arguments for Big Tech and immunity from third party bad actors. Richard Epstein, Hoover Institution.

The John Batchelor Show

John Batchelor

Arts, Books, News, Society & Culture

4.52.8K Ratings

🗓️ 24 December 2022

⏱️ 6 minutes

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#SCOTUS: Upcoming arguments for Big Tech and immunity from third party bad actors. Richard Epstein, Hoover Institution.
https://constitutioncenter.org/blog/looking-ahead-a-supreme-court-preview-for-2023


Transcript

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0:00.0

Fasten your seatbelts. Easy jets, big orange sail is now on. With up to 20% of 700,000 seats

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0:19.0

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0:24.0

Demons been required and Apple protected. Travel restrictions and season sees up live.

0:31.0

This is CBS I'm John Batch with Professor Richard Epstein of the Hoover Institution, teaches

0:40.0

law at NYU and the University of Chicago. And I take advantage of the professor's generous mood

0:46.0

here at Year's End to comment on two Supreme Court decisions that have not been made. They

0:51.0

haven't even been presented in all the argument. But it's upcoming in February, February 21,

0:56.0

February 22. This has to do with social media, always in the news, especially with the,

1:02.0

you have to say, sharp reduction in price on Wall Street. This is meta, this is Facebook,

1:08.0

this is Twitter, this is Google. Two cases seem strikingly similar about whether the social

1:15.0

media sites are have immunity from lawsuits based on third party postings on their sites.

1:22.0

Professor, the one is called Gonzales versus Google. And the other is Twitter, Incorporated versus

1:29.0

Tom Neh. They strike me as extremely similar. Sorting this out is the Supreme Court ready to

1:35.0

make a very cleared statement that Twitter and Google and other social media sites are

1:43.0

exempt or are going to be held accountable. Well, I think these cases are pretty difficult.

1:50.0

And my inclination is not normally sympathetic to the two companies on this, is that they have

1:56.0

the better of the particular argument. It's important to understand what's going on here. These are not

2:01.0

cases in which somebody is saying that, but they did is they posted something which was defamatory

2:06.0

about somebody else and then failed to remove it after they've given it notice. What happens is

2:11.0

these are cases in which they're independent third parties, ISIS type people who go out and commit

2:16.0

crimes and may have and deliberate wrongs. And the question is how it is that you're going to help

...

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