Civitas Outlook
Topic
Constitutionalism
Published on
January 31, 2026
Contributors
Richard Epstein
Charles C.W. Cooke
Episode
The Libertarian

Can Social Media Platforms Be Held Liable for User Speech?

About this episode

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.

All other episodes on

The Libertarian

Is Gerrymandering Unconstitutional?

Gerrymandering is back in the headlines — and this time, the political map wars in Texas and California are colliding with the courts, the Constitution, and the future of American democracy.

EP9
Nov 24, 2025

Trump’s War on Narco Boats

Richard Epstein examines the constitutional, statutory, and international-law implications of the Trump administration’s recent strikes on vessels in the Caribbean alleged to be transporting “narco-terrorists.”

EP10
Dec 3, 2025

Can the President Fire Anyone? SCOTUS Hears Arguments in Trump v. Slaughter

Richard Epstein does a deep into the Supreme Court’s latest showdown: Trump v. Slaughter, a case that could redefine presidential removal power and the future of independent agencies like the FTC.

EP11
Dec 10, 2025

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Constitutionalism

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The Libertarian

The inimitable Richard Epstein offers his unique perspective on national developments in public policy and the law.

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** items

Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

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** items

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