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March 23, 2022

Social Media and the Fate of Freedom of Speech

An upcoming court case may determine the parameters of protected speech on social-media platforms.

Last year, a law was passed in Texas that classified the largest social-media platforms as “common carriers,” or “publicly accessible conduits for the goods or communications of others.” In doing so, the law also barred these platforms from discriminating against speech on grounds of viewpoint. That law has since been challenged in court, and, as Philip Hamburger points out, the outcome of this case may have far-reaching implications for the future of free speech. He examines amicus briefs in favor of the Texas law, and notes the broader cultural conflicts reflected in these arguments.

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