The Law of Deplatforming
Social media platforms have become integral to the way we not only interact with friends, but also, how we connect with businesses, schools, and political candidates. So, with so much social, political, and economic activity happening on social platforms, what rights, if any, do individuals have to access particular social media platforms. In this interview, we discuss "deplatforming" and individual rights with Professor Eric Goldman.
Prof. Goldman shares results from his study of civil cases and breaks down the legal arguments that plaintiffs, banned from social media, have made against the likes of Twitter and Facebook. Generally, courts have widely rejected plaintiff claims that range from First Amendment free speech arguments, to common carrier obligations, to anti-discrimination, to breach of contract claims. Professor Goldman explores and evaluates deplatforming lawsuits under each type of claim and how courts have responded. Finally, Goldman goes to the cutting edge of internet law and evaluates controversial new state laws that attempt to impose obligations on internet companies such as “must-carry” and “digital due process” requirements and shares insights on how appellate courts are treating such laws to date.
