UnCommon Law

2. Social Media Bans Are Not About Free Speech


Listen Later

Permanently revoking users’ access to social media platforms— a practice known as “deplatforming “— isn’t a new concept, but the high-profile ban of President Donald Trump has raised new questions about censorship and free speech in the internet age.

For years Twitter famously clung to its identity as “the free speech wing of the free-speech party.” Meanwhile, Facebook employed a policy that mostly excluded politicians from content moderation rules that applied to other users. Yet, within days of the attack on the Capitol on Jan. 6, Twitter, Facebook, and other social media platforms suspended the accounts of the president of the United States.

First Amendment lawyers point out that the Constitution protects against government censorship of speech. However, social media platforms are businesses run by companies. They have terms of service and aren't obligated to provide a platform to anyone. Still, whether one views the deplatforming of a U.S. president as necessary or not, many say the more important question is whether tech companies should be the ones deciding where to set the boundaries for online speech.

In this episode of [Un]Common Law we speak with:

  • Katie Fallow, senior staff attorney at the Knight First Amendment Institute at Columbia University.
  • Steve Barnett, professor of communications at the University of Westminster in London.
  • Lyrissa Lidsky, Dean of University of Missouri Law School.
  • Jessica Melugin, director of the Center for Technology & Innovation at the Competitive Enterprise Institute.
  • ...more
    View all episodesView all episodes
    Download on the App Store

    UnCommon LawBy Bloomberg Industry Group

    • 4.8
    • 4.8
    • 4.8
    • 4.8
    • 4.8

    4.8

    172 ratings


    More shows like UnCommon Law

    View all
    We the People by National Constitution Center

    We the People

    1,114 Listeners

    Bloomberg Law by Bloomberg

    Bloomberg Law

    361 Listeners

    Freakonomics Radio by Freakonomics Radio + Stitcher

    Freakonomics Radio

    32,109 Listeners

    Amicus With Dahlia Lithwick | Law, justice, and the courts by Slate Podcasts

    Amicus With Dahlia Lithwick | Law, justice, and the courts

    3,477 Listeners

    Above the Law - Thinking Like a Lawyer by Legal Talk Network

    Above the Law - Thinking Like a Lawyer

    466 Listeners

    Cases and Controversies by Bloomberg Law

    Cases and Controversies

    153 Listeners

    The Daily by The New York Times

    The Daily

    111,119 Listeners

    Talking Tax by Bloomberg Tax

    Talking Tax

    113 Listeners

    The Indicator from Planet Money by NPR

    The Indicator from Planet Money

    9,516 Listeners

    Strict Scrutiny by Crooked Media

    Strict Scrutiny

    5,682 Listeners

    The Journal. by The Wall Street Journal & Spotify Studios

    The Journal.

    5,949 Listeners

    Divided Argument by Will Baude, Dan Epps

    Divided Argument

    666 Listeners

    The Big Take by Bloomberg

    The Big Take

    156 Listeners

    Everybody's Business by Bloomberg and iHeartPodcasts

    Everybody's Business

    60 Listeners