The Law of Deplatforming
The Law of Deplatforming. Social media platforms have in many ways become the new "town square"– a place to share ideas, conduct business, and organize movements. So, with so much social, political, and economic activity happening on platforms like Facebook and Twitter, what rights, if any, do individuals have to access social media platforms. In this interview, we discuss "deplatforming" and individual rights with Professor Eric Goldman.
Prof. Goldman shares results from his study of civil cases and breaks down the legal arguments that plaintiffs, banned from social media, have made against the likes of Twitter and Facebook. Generally, courts have widely rejected plaintiff claims that range from First Amendment free speech arguments, to common carrier obligations, to anti-discrimination, to breach of contract claims. Professor Goldman explores and evaluates deplatforming lawsuits under each type of claim and how courts have responded. Finally, Goldman goes to the cutting edge of internet law and evaluates controversial new state laws that attempt to impose obligations on internet companies such as “must-carry” and “digital due process” requirements and shares insights on how appellate courts are treating such laws to date .
Eric Goldman is a professor at Santa Clara University School of Law and teaches on Internet, IP, and advertising law. He serves as the co-director of the High Tech Law Institute and the Associate Dean of Research.
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00:00 Deplatforming Rights Overview
01:57 First Amendment, Free Speech Claims on Social Media
04:53 First Amendment "New Town Square" Argument
09:14 Discrimination Claims and Deplatforming
15:45 House Rules and Deplatforming
23:53 Alex Berenson Deplatforming Case
27:43 Section 230 and Deplatforming
30:42 Cases and Examples of Deplatforming Lawsuits
35:16 Jawboning and Deplatforming Claims
44:39 Deplatforming Errors
46:21 Social Media Anti-Censorship Laws
49:03 Common Carrier Law and Social Media
52:22 "Must Carry" Laws and Social Media
58:14 Digital Due Process and Deplatforming