SCOTUS on the Internet: “It’s Complicated”
Two big tech cases before the US Supreme Court this week promised justices tackling thorny issues of content moderation, liability, and internet platforms— but instead delivered confusion and dodges.
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For every person screaming about Section 230 (looking at you, Ted Cruz), there are approximately 0.0000001 Danielle Citrons, i.e. folks who actually understand it, what it does, and how it might be tweaked or interpreted to do better. Luckily, we have a whole Professor Danielle Citron on this week’s show. Professor Citron not only manages to make sense of Section 230 for us, she also takes us through this week’s internet cases involving Twitter and Google, and content moderation and liability. She explains how eight out of nine justices apparently failed to read the briefs, instead deciding on an “it’s so hard” shruggy head-scratch strategy instead. Danielle Citron’s latest book is The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age.
In this week’s Amicus Plus segment, Dahlia is joined by Slate’s Mark Joseph Stern to look ahead to next week’s arguments about the Biden administration’s student debt forgiveness program, and to romp through some of the decisions that came down from the Supreme Court this week. Finally, Mark and Dahlia reflect on the results of the primaries in the race to elect a new Wisconsin Supreme Court Justice. Could it be a Mark and Dahlia Amicus plus segment that is not all bad news?
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Dahlia’s book Lady Justice: Women, the Law and the Battle to Save America, is also available as an audiobook, and Amicus listeners can get a 25 percent discount by entering the code “AMICUS” at checkout.