The Amendment the Court Forgot in Twitter v. Taamneh

BKC Faculty Associate Evelyn Douek writes with Genevieve Lakier about the importance of Twitter v Taamneh and its free speech ramifications.

“And yet, Taamneh is a case with speech at its center. At issue is whether tech companies should bear liability for the use of their platforms by terrorist groups. This could incentivize platforms to take down vastly more speech — and not just terrorist speech — than they currently do, in order to avoid even the chance of liability. For this reason, Taamneh, like its companion case Gonzalez v. Google, could dramatically reshape the internet. These cases have generated intense interest among free speech litigators, civil rights groups, and scholars, in part because the stakes of a bad decision for digital free expression are high in either case. Yet on the case’s free speech ramifications, the arguments in Taamneh were unsettlingly silent.”

Read more in the Harvard Law Review Blog.