Can Social Media Platforms Be Held Liable for User Speech?
Can social media companies be held legally responsible for the harms caused by their users? Richard Epstein examines the surge of lawsuits targeting social media platforms, particularly claims tied to speech, adolescent harm, and platform design. Epstein explains why traditional tort law places responsibility on the individual wrongdoer rather than intermediaries, how Section 230 is meant to shield platforms from derivative liability, and why efforts to carve out “bad faith” or promotion-based exceptions risk collapsing those protections altogether. He also explores the high costs and perverse incentives of jury-driven liability, the limits of causation in complex social harms, and a deeper concern often overlooked: government pressure on platforms that threatens free speech more than platform misconduct itself.
The Libertarian
Constitutionalism

Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief

Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.

Supreme Court showdown exposes shaky case against birthright citizenship
Supreme Court will hear challenges to Trump's order ending birthright citizenship, testing the 14th Amendment's guarantee for babies born in America.

Slavery and the Republic
As America begins to celebrate its semiquincentennial, much ink has been spilled questioning whether that event is worth commemorating at all. Joseph Ellis’s The Great Contradiction could not be timelier.

Two Hails For The Chief’s NDA
Instead of trying to futilely plug the dam to stop leaks, the Court should release a safety valve.




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