We go online for some First Amendment content this week. First, IJ’s Jeff Redfern explains how the Eleventh Circuit concluded that CNN might be liable for defamation after one of its commentators said Project Veritas had been suspended from Twitter for “misinformation” when it had, in fact, very truthfully doxxed someone. That seems to pass the high bar of “actual malice” under the First Amendment’s free speech protections. Then Tahmineh Dehbozorgi of IJ brings us up to the Third Circuit where Section 230 immunity runs into a TikTok algorithm. Breaking with other circuits, the court says TikTok loses this one because the algorithm makes the content first-party speech, not third-party. It’s a ruling that could mean this issue is finally going up to the Supreme Court. What’s a “publisher” under the First Amendment vs. Section 230 vs. whatever? People are confused, the courts especially.
Recent Episodes
Short Circuit 412 | “Nothing to see here”
Lovers of municipal crime and corruption—and internal affairs departments not doing their jobs—may enjoy the stories this week from Detroit and Baltimore. First, Kirby Thomas […]
Listen NowShort Circuit 411 | Don’t Forget Your Receipt
When you pay your bail money it’s a good practice to get a receipt. A woman in Mississippi found that out the hard way when […]
Listen NowShort Circuit 410 | Joan of Arc and Qualified Immunity
What does qualified immunity have to do with Joan of Arc? Released on the anniversary of the start of her trial, this episode examines that […]
Listen NowShort Circuit 409 | Obviously Unconstitutional
IJ’s Anya Bidwell interviews two civil rights lawyers for a wide-ranging conversation about what it’s like to litigate on behalf of people behind bars. She […]
Listen Now