Platform Regulation and the First Amendment

Social media platforms are arguably the most important channels of communication in the modern world and now it suddenly seems like everyone has ideas about how the legal framework they operate in needs to change. This course will explore the changing legal landscape that platforms operate within, and the role of the First Amendment in either constraining legal changes or being the vehicle through which such changes are made. Topics will include pending Supreme Court cases about section 230 of the Communications Decency Act, attempts to impose must-carry and common carrier obligations on platforms to carry certain speech, how the First Amendment constrains government actors on social media, and the constitutionality of imposing transparency and due process requirements on platforms' content moderation practices. Students will be responsible for multiple short reflection papers throughout the quarter, and a longer essay to be turned in at the Spring paper deadline. Students may elect to write a substantial research paper for R-credit with instructor permission. Students taking the course for R-credit (Section 02) will receive 3 units. After the term begins, students enrolled in the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructors. Elements used in grading: Class Participation, Written Assignments, Final Paper. Interested students are asked to fill out a very short application form, in order to gauge the level of background knowledge the class will have. CONSENT APPLICATION: To access the consent application for this course, go to link SLS Registrar https://registrar.law.stanford.edu/ and then click SUNetID Login in the top right corner of the page. See application for deadline and instructions.