Tech Policy Podcast

#295: Can Social Media Be Regulated Like Common Carriage?

July 7, 2021

Are social media websites more like newspapers (with strong free speech rights) or common carriers (with weaker free speech rights)? Enjoining enforcement of Florida’s Internet speech law, SB 7072, a federal judge recently wrote that they’re somewhere “in the middle.” Eugene Volokh, of UCLA School of Law, and Berin Szóka, president of TechFreedom, join the show to debate whether that’s right.

For more on Eugene’s position (i.e., some aspects of social media can properly be analogized to common carriage), see Eugene’s recent post, “Social Media Platforms as Common Carriers?,” at The Volokh Conspiracy. For more on Berin’s position (i.e., social media is nothing like common carriage), check out the amicus brief TechFreedom submitted in the Florida litigation.

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