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Reason
Reason
Politics
David Post

Content Moderation, Social Media, and the Constitution

The Supreme Court now has before it three issues of profound importance for the future of Internet speech.

  • First up: How broad is the immunity, set forth in Section 230 of the Communications Decency Act, that protects Internet platforms against liability claims arising from content posted by third parties?
  • Second: To what extent does the 1st Amendment protect the content-moderation decisions made by those platforms?
  • And finally: To what extent may individual States impose controls over the content and conduct of Internet sites managed by out-of-State actors?

These are Big Questions for Internet law, and I'll have a great deal more to say about them over the next several weeks and months; consider this an introduction.

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