The Supreme Court term is over. We review its First Amendment cases.

Joining the show are FIRE Chief Counsel Bob Corn-Revere, FIRE General Counsel Ronnie London, and Institute for Justice Deputy Litigation Director Robert McNamara.

Become a FIRE Member today and gain access to live monthly webinars where you can ask questions of FIRE staff. The next webinar is July 8 at 1 p.m. ET. We will take your questions about the Supreme Court term.

Timestamps

0:00 Intro

2:53 Moody v. NetChoice and NetChoice v. Paxton

31:02 NRA v. Vullo

46:57 Murthy v. Missouri

1:06:04 Gonzales v. Trevino

1:17:58 Vidal v. Elster

1:26:04 O’Connor-Ratcliff v. Garnier and Lindke v. Freed

1:34:00 Loper Bright Enterprises v. Raimondo (the Chevron deference case)

1:37:26 Free Speech Coalition v. Paxton (forthcoming SCOTUS case)

1:38:30 Outro

There is a movement afoot to restrict young people’s access to social media and pornography.

Critics of social media and online porn argue that they can be harmful to minors, and states across the country are taking up the cause, considering laws that would impose age-verification, curfews, parental opt-ins, and other restrictions.

Meanwhile, critics of the critics argue that the evidence of harm isn’t so conclusive and that many of the proposed restrictions violate core civil liberties such as privacy and free speech.

So, who’s right?

Clare Morell is a senior policy analyst at the Ethics and Public Policy Center and the author of the forthcoming book, “The Tech Exit: A Manifesto for Freeing Our Kids.”

Ari Cohn is free speech counsel at TechFreedom, a technology think tank.

Timestamps

0:00 Intro

2:17 The alleged harms of social media

11:31 Just another technological moral panic?

25:49 How is internet access currently restricted for minors?

41:17 The age verification problem

1:00:27 Assessing the First Amendment problems

1:07:21 Voluntary measures parents can take

1:25:30 Outro

Shownotes

Transcript

“The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness” by Jonathan Haidt

“Surgeon General: Why I’m Calling for a Warning Label on Social Media Platforms” by Vivek H. Murthy

It is said that censorship is the strongest drive in human nature — with sex being a weak second.

But what happens when these two primordial drives clash? Does censorship or sex win out?

Nadine Strossen is a professor emerita at New York Law School, a former president of the ACLU, and a senior fellow at FIRE. She is also the author of “Defending Pornography: Free Speech, Sex, and the Fight for Women’s Rights.” First released in 1995, the book was reissued this year with a new preface.

Mary Anne Franks is a law professor at George Washington University and the president and legislative and tech policy director of the Cyber Civil Rights Initiative. She is the author of “The Cult of the Constitution: Our Deadly Devotion to Guns and Free Speech” and the forthcoming “Fearless Speech: Breaking Free from the First Amendment.”

Show Notes:

Transcript

Timestamps

0:00 Intro

2:17 Defining pornography

7:20 Is porn protected by the First Amendment?

11:10 Revenge porn

22:05 Origins of “Defending Pornography”

25:06 Andrea Dworkin and Catharine MacKinnon

29:20 Can porn be consensual?

35:02 Dworkin/MacKinnon model legislation

52:20 Porn in Canada

56:07 Is it possible to ban porn?

1:03:26 College professor’s porn hobby

1:12:39 Outro