Does the Government Have the Right to Control Content Moderation Decisions?
As private entities, social media platforms are not bound by the First Amendment, and are free to permit—or block—content and users as they see fit; and 47 U.S.C. § 230 preempts any state statutes that would impose greater limits on such companies. That, at least, is the traditional view.
But some state legislatures are considering statutes that would ban viewpoint-based blocking by platforms; and some scholars are arguing that those laws might prevail, notwithstanding § 230. What are these theories? And what are their strengths and weaknesses?
This one-hour event will take the form of a panel session, with panelists Eric Goldman (Santa Clara University School of Law) and Eugene Volokh (UCLA Law) and moderator Leeza Arbatman (UCLA Law). There will be approximately 40 minutes of moderated discussion by the panelists, followed by about 20 minutes of audience Q&A.