The Justices Figure Out that Internet Law Is Hard

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4.7 • 6.4K Ratings

🗓️ 27 February 2024

⏱️ 62 minutes

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Summary

The Supreme Court heard hours and hours of oral arguments today brought by a trade association called NetChoice against laws restricting content moderation in Florida and Texas. It's the big First Amendment case of the year, and we sat through the whole oral argument.

Lawfare Editor-in-Chief Benjamin Wittes spoke with Lawfare Senior Editors Quinta Jurecic and Alan Rozenshtein, and Kyle Langvardt of the University of Nebraska at Lincoln. They talked about where the justices seem to be leaning on this case, why they think the record is inadequate and underdeveloped, and why they're grumpy about it. They also talked about whether we can predict where they seem to be headed and about why this case that doesn't involve Section 230 seems to involve Section 230.

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1:01.0	Non-H. Non-H.S. B.SPC fees may apply. I think I would have assumed that a really strong majority of the court would have taken the kind of line that
1:14.4	the Kavanaugh did here. You know Kavanaugh follows the line of net choice. This is
1:20.4	all editorial discretion and it's not only not censorship if a private company
1:27.3	does it it's actually you know something like core First Amendment speech you know he's really placing a lot of emphasis
1:34.7	on this public versus private divide.
1:37.1	As far as I can tell, it's basically Robert's
1:39.3	Kavanaugh, and I think that's it. I'm Benjamin Wittis and this is the Law Fair Podcast February 27th,
1:48.3	2024.
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