Arbiters of Truth

By: Lawfare & Goat Rodeo
  • Summary


  • From Russian election interference, to scandals over privacy and invasive ad targeting, to presidential tweets: it’s all happening in online spaces governed by private social media companies. These conflicts are only going to grow in importance. In this series, also available in the Lawfare Podcast feed, Evelyn Douek and Quinta Jurecic will be talking to experts and practitioners about the major challenges our new information ecosystem poses for elections and democracy in general, and the dangers of finding cures that are worse than the disease.

    The podcast takes its name from a comment by Facebook CEO Mark Zuckerberg right after the 2016 election, when Facebook was still reeling from accusations that it hadn’t done enough to clamp down on disinformation during the presidential campaign. Zuckerberg wrote that social media platforms “must be extremely cautious about becoming arbiters of truth ourselves.”

    So if they don’t want to be the arbiters of truth ... who should be?


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Episodes
  • Matt Perault, Ramya Krishnan, and Alan Rozenshtein Talk About the TikTok Divestment and Ban Bill
    Mar 22 2024

    Last week the House of Representatives overwhelmingly passed a bill that would require ByteDance, the Chinese company that owns the popular social media app TikTok, to divest its ownership in the platform or face TikTok being banned in the United States. Although prospects for the bill in the Senate remain uncertain, President Biden has said he will sign the bill if it comes to his desk, and this is the most serious attempt yet to ban the controversial social media app.

    Today's podcast is the latest in a series of conversations we've had about TikTok. Matt Perault, the Director of the Center on Technology Policy at the University of North Carolina at Chapel Hill, led a conversation with Alan Rozenshtein, Associate Professor of Law at the University of Minnesota and Senior Editor at Lawfare, and Ramya Krishnan, a Senior Staff Attorney at the Knight First Amendment Institute at Columbia University. They talked about the First Amendment implications of a TikTok ban, whether it's a good idea as a policy matter, and how we should think about foreign ownership of platforms more generally.

    Disclaimer: Matt's center receives funding from foundations and tech companies, including funding from TikTok.


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    51 mins
  • Jawboning at the Supreme Court
    Mar 21 2024

    Today, we’re bringing you an episode of Arbiters of Truth, our series on the information ecosystem.

    On March 18, the Supreme Court heard oral arguments in Murthy v. Missouri, concerning the potential First Amendment implications of government outreach to social media platforms—what’s sometimes known as jawboning. The case arrived at the Supreme Court with a somewhat shaky evidentiary record, but the legal questions raised by government requests or demands to remove online content are real.

    To make sense of it all, Lawfare Senior Editor Quinta Jurecic and Matt Perault, the Director of the Center on Technology Policy at UNC-Chapel Hill, called up Alex Abdo, the Litigation Director of the Knight First Amendment Institute at Columbia University. While the law is unsettled, the Supreme Court seemed skeptical of the plaintiffs’ claims of government censorship. But what is the best way to determine what contacts and government requests are and aren't permissible?

    If you’re interested in more, you can read the Knight Institute’s amicus brief in Murthy here and Knight’s series on jawboning—including Perault’s reflections—here.


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    52 mins
  • How Are the TikTok Bans Holding Up in Court?
    Jan 3 2024

    In May 2023, Montana passed a new law that would ban the use of TikTok within the state starting on January 1, 2024. But as of today, TikTok is still legal in the state of Montana—thanks to a preliminary injunction issued by a federal district judge, who found that the Montana law likely violated the First Amendment. In Texas, meanwhile, another federal judge recently upheld a more limited ban against the use of TikTok on state-owned devices. What should we make of these rulings, and how should we understand the legal status of efforts to ban TikTok?

    We’ve discussed the question of TikTok bans and the First Amendment before on the Lawfare Podcast, when Lawfare Senior Editor Alan Rozenshtein and Matt Perault, Director of the Center on Technology Policy at UNC-Chapel Hill, sat down with Ramya Krishnan, a staff attorney at the Knight First Amendment Institute at Columbia University, and Mary-Rose Papandrea, the Samuel Ashe Distinguished Professor of Constitutional Law at the University of North Carolina School of Law. In light of the Montana and Texas rulings, Matt and Lawfare Senior Editor Quinta Jurecic decided to bring the gang back together and talk about where the TikTok bans stand with Ramya and Mary-Rose, on this episode of Arbiters of Truth, our series on the information ecosystem.


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    49 mins

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