Freedom to Moderate: States v. Platforms Debate

Two pending Supreme Court cases—Moody v. NetChoice and NetChoice v. Paxton—have reignited debates over online content moderation and the role of private companies in shaping public debate. Advocates of recent legislative efforts in Florida and Texas argue that placing restrictions on social media’s content moderation policies are an effective means of protecting free speech and ensuring that companies do not wield too much control over public discourse. Section 230 of the Communications Decency Act, they argue, has unwisely given free rein to content moderators, allowing them to decide which voices are heard.

​But skeptics fear that such efforts represent an unconstitutional effort by the government to control how companies operate. Section 230, they argue, has been vital to the development of the internet, and interfering with social media companies’ content moderation policies is likely to stifle free expression and the exchange of ideas by letting legislators control which people and ideas receive a platform.

​To grapple with these challenges, FAI invites you to a debate with advocates of each position. Carl Szabo, vice president and general counsel at NetChoice—a party in both cases—will argue that discretionary content moderation is protected by the First Amendment. Adam Candeub—professor of law at Michigan State University and Deputy Assistant Secretary of Commerce for Telecommunications and Information during the Trump administration—will argue that states are within their rights to mandate viewpoint-neutral content moderation.

​Join us on Tuesday, February 20 at the Foundation for American Innovation office at 1255 Union Street NE in Washington, DC, to hear two of the best lawyers on the topic assess the policy merits and legal challenges of these major court cases.

​SPEAKERS

• ​Adam Candeub // Professor of Law, Michigan State University
• ​Carl Szabo // Vice President and General Counsel, NetChoice
• ​Evan Swarztrauber // Moderator // Senior Advisor, Foundation for American Innovation

​This event is intended to comply with the widely-attended event exception of the congressional gift rules; executive branch officials should consult their gift rules and Designated Agency Ethics Officers regarding attendance.