Episode 408: But Was the Sex Viewpoint-Neutral?




The Cyberlaw Podcast show

Summary: This week's Cyberlaw Podcast covers efforts to pull the Supreme Court into litigation over the Texas law treating social media platforms like common carriers and prohibiting them from discriminating based on viewpoint when they take posts down. I predict that the Court won't overturn the appellate decision staying an unpersuasive district court opinion. Mark MacCarthy and I both think that the transparency requirements in the Texas law are defensible, but Mark questions whether viewpoint neutrality is sufficiently precise for a law that trenches on the platforms' free speech rights. Read more: https://www.steptoecyberblog.com/2022/05/23/episode-408-but-was-the-sex-viewpoint-neutral/