Passing Judgment

The Implications of Supreme Court Cases on Social Media Content Moderation and State Laws


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In this episode of Passing Judgment, we explore the recent oral arguments in two cases concerning social media, state laws, and the First Amendment. We walk through the complexities of the justices' struggle to establish a legal framework for addressing content moderation by social media platforms, highlighting the unprecedented nature of these issues in the context of constitutional law. Tune in for an informative discussion on the ever-changing landscape of law and the profound impact it has on our lives.


Here are three key takeaways you don't want to miss:


1️⃣  Big Supreme Court News: The Supreme Court's decision to hear the case regarding a former president's immunity from criminal prosecution has significant implications. This case raises critical questions about the constitutionality of immunity for a former president and the potential impact on future legal proceedings.


2️⃣  Cases Involving Internet, First Amendment, and Social Media: The recent oral arguments on state laws attempting to regulate social media platforms' content moderation choices brought to the forefront the absence of a clear constitutional framework and precedents for addressing such modern technological issues. The Justices' struggle to fit these cases within existing legal categories highlights the need for new frameworks to address emerging technology-related legal concerns.


3️⃣  Role of Congress: The lack of national standards from Congress further complicates the situation, leaving the Justices in a dilemma about who should be making decisions regarding the regulation of social media content moderation.


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On Threads: @LevinsonJessica


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Passing JudgmentBy Jessica Levinson

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