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The Supreme Court Hears Oral Arguments in Gonzalez and Taamneh

The Lawfare Podcast

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Is Twitter Liable for ISIS Accounts?

Alan Dershowitz: One thing that I found myself really wishing had been addressed, or a argument was the speech implications of all of this. There is some suggestion that Twitter should be liable because the government had informed them that there are ISIS accounts. And my worry as someone who's taking a look at this from the sort of more on the 230 end is that if you create a situation where platforms could potentially be held liable for this kind of thing, you've just created an incentive for platforms to either not moderate at all so they can say they have no knowledge or massively over moderate. That text is going to be very disciplining and is going to require the court not to have fined

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