First Amendment Experts Dig Into Supreme Court Cases That Could Change Future of Online Discourse [S5E3]

Tech Policy Grind

This week on the Tech Policy Grind, an expert panel unpacked the two First Amendment cases heard by the Supreme Court last week.

In 2021, Florida and Texas introduced laws to prevent social media companies from banning political candidates or censoring content based on viewpoints, sparking a debate about the balance between free speech and platform regulation.

The Supreme Court hearing on February 26, 2024 on the Florida and Texas laws set the stage for a broader conversation on the First Amendment rights of social media companies.

To comment on the recent hearings, we brought in Internet Law and Policy Foundry alumna Jess Miers, Senior Counsel at Chamber of Progress to moderate a conversation with two other experts: Vidushi Dyall, Director Legal Analysis at Chamber of Progress who was reporting from the courtroom last week and Eric Goldman, the Associate Dean for Research, Professor of Law, Co-Director of the High Tech Law Institute, and Co-Supervisor of the Privacy Law Certificate, at Santa Clara University School of Law.

DISCLAIMER: Daniela, Evan, Jess, Vidushi, and Eric engaged with this episode by the Internet Law & Policy Foundry voluntarily and in their personal capacity. The views and opinions expressed on this show do not reflect the organizations and institutions they are affiliated with.

Bios:

Jess Miers is Senior Counsel at Chamber of Progress. As a lawyer and technologist, Jess primarily focuses on the intersection of law and the Internet. She is widely considered an expert on U.S. intermediary liability law and has written, spoken, and taught extensively about topics such as speech and Section 230, content moderation, intellectual property, and cyber crime. Jess is also currently an advisor to the Trust & Safety Professional Association, and an industry mentor for Santa Clara Law’s Tech Edge J.D. certificate program.

Vidushi Dyall is the Director of Legal Analysis at the Chamber of Progress. She is a Fordham Law graduate and has gained meaningful professional experience across tech policy, privacy, and cybersecurity. In her current role she provides rapid analysis and response to breaking developments in cases that involve critical tech policy issues.

Eric Goldman is Associate Dean for Research, Professor of Law, Co-Director of the High Tech Law Institute, and Co-Supervisor of the Privacy Law Certificate, at Santa Clara University School of Law. His research and teaching focuses on Internet law, and he blogs on that topic at the Technology & Marketing Law Blog.

Resources:

Moody v. NetChoice, LLC

NetChoice, LLC v. Paxton

Communications Decency Act

Reno v. ACLU

Section 230