Civitas Outlook
Topic
Constitutionalism
Published on
March 28, 2026
Contributors
Charles C.W. Cooke
Richard Epstein
Episode
The Libertarian

The Slippery Slope of Social Media Liability

About this episode

A Los Angeles jury has handed down a verdict stating that Meta and Google are held liable for a young woman’s psychological harm allegedly linked to social media use—along with a $6 million damages award. But what legal theory could possibly justify it? Richard Epstein dissects the case, from the limits of Section 230 to the growing push to impose liability on platforms for user behavior. Epstein explains why the ruling rests on shaky ground, how it collides with longstanding principles of tort law, and why—if upheld—it could expose tech companies to catastrophic, system-wide liability. The conversation ranges from contributory liability and First Amendment concerns to the deeper question: who is responsible when harm flows through a network? A sharp, fast-moving analysis of a case that could reshape the legal architecture of the internet.

All other episodes on

The Libertarian

Who Decides When America Goes to War?

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Dec 19, 2025

Trump Flirts with Price Controls

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Jan 15, 2026

Can Social Media Platforms Be Held Liable for User Speech?

EP
Jan 31, 2026

Tax the Rich . . . Until They Leave: Mamdani and Rent Control

Richard Epstein addresses NYC Mayor Zohran Mamdani’s push for rent control and higher inheritance taxes.

EP
Mar 21, 2026

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

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