FIRE Podcast on Free Speech and the Texas Social Media Regulation – #historical past #conspiracy
The Basis for Particular person Rights and Expression not too long ago posted a video of a podcast on which authorized scholar Brad Smith (who can also be chairman of the Institute for Free Speech) and I debated the current Fifth Circuit determination upholding the constitutionality of Texas’ social media regulation, which bars main social media platforms from participating in most types of content material moderation.
Within the podcast, I criticized the Fifth Circuit ruling, expanded on a submit explaining why the Texas is a menace to freedom of speech, addressed the “widespread provider” rationale for the Texas regulation, and likewise briefly summarized why the regulation violates the Takings Clause of the Fifth Modification (a difficulty that has but to be litigated in court docket). Brad largely defended the constitutionality of the Texas regulation. However it’s notable that he was unwilling to endorse a number of the main arguments superior by the Fifth Circuit majority, and by different defenders of the regulation. We each agree this situation is prone to get to the Supreme Courtroom (partly as a result of the Eleventh Circuit reached a opposite determination in a ruling on Florida’s related regulation). In my opinion, the Courtroom has already signaled {that a} majority of justices imagine the Texas regulation is unconstitutional, when it overturned a earlier Fifth Circuit ruling lifting a trial court docket injunction in opposition to implementation of the regulation.
I want to thank FIRE for organizing this occasion, and Brad Smith for his insightful contribution to the dialogue.
