Deep Dive Episode 131 – Free Speech in the Digital Era: Section 230 and the FCC
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
Section 230 of the Communications Decency Act provides liability protection to platforms, internet service providers, and other online intermediaries for third-party content they host or republish. It also provides liability protections for actions taken “in good faith” by such entities to moderate content. Section 230 has recently come under scrutiny from President Trump, members of Congress, and others who have raised questions about the appropriateness of these protections and their continued viability “in the Age of Twitter.”
In May, President Trump issued an Executive Order that directed the National Telecommunications and Information Administration (NTIA) to file a petition for rulemaking with the Federal Communications Commission (FCC) proposing regulations to clarify the scope of Section 230. The FCC is currently soliciting public comment on the NTIA petition, which was filed on July 27.
In this live podcast, panelists discuss the background of Section 230 and reflect on whether it continues to encourage innovation and free speech online, or if changes are needed. What should the FCC do to address the pending NTIA petition? And, in light of the upcoming elections, what are the political dynamics at play—at the FCC, in Congress, and in the White House?
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General Counsel, Office of Sen. Marsha Blackburn
Jon Adame serves as General Counsel to Senator Marsha Blackburn, where he advises her on all tech-related issues across her committee assignments (Commerce, Judiciary, Armed Services). He previously worked for her on the House Energy & Commerce Committee. Jon graduated from the University of Colorado School of Law, and received his B.A. from the University of New Mexico.
Professor of Law, Michigan State University (currently serving as FCC General Counsel)
Professor Candeub joined the MSU Law faculty in fall 2004. He is also a Fellow with MSU's Institute of Public Utilities. Prior to joining MSU, he served as an advisor at the Federal Communications Commission (FCC). From 1998 to 2000, Professor Candeub was a litigation associate for the Washington D.C. firm of Jones, Day, Reavis & Pogue and also has served as a corporate associate with Cleary, Gottlieb, Steen & Hamilton, also in Washington, D.C. Immediately following law school, he clerked for Chief Judge J. Clifford Wallace, U.S. Court of Appeals for the Ninth Circuit. While in law school, Professor Candeub was an articles editor for the University of Pennsylvania Law Review.
Professor Candeub's scholarly interests focus on the law and regulation of communications, internet, technology. His numerous law review articles and scholarly papers have placed him at the center of legal and policy controversies, and he often writes for popular outlets such as the Wall Street Journal and US News. Federal courts, including the U.S. Supreme Court, have cited and relied upon his work.
He joined the Trump administration in 2019 as Deputy Assistant Secretary of Commerce for Telecommunications and Information and assumed the role of Acting Assistant Secretary. He later joined the Department of Justice as Deputy Associate Attorney General.
Professor Candeub is a senior fellow at the D.C.-based Center of Renewing America.
Professor of Law and Co-Director, High Tech Law Institute, Santa Clara University School of Law
Eric Goldman is a Professor of Law, and Co-Director of the High Tech Law Institute, at Santa Clara University School of Law. Before he became a full-time academic in 2002, he practiced Internet law for 8 years in the Silicon Valley. His research and teaching focuses on Internet, IP and advertising law topics, and he blogs on these topics at the Technology & Marketing Law Blog [http://blog.ericgoldman.org]. Managing IP magazine has twice named him to a shortlist of North American “IP Thought Leaders,” and he has been named an “IP Vanguard” by the California State Bar’s IP Section.
Senior Legal Fellow, The Future of Free Speech, Vanderbilt University
Ashkhen Kazaryan is a renowned expert in First Amendment law and technology policy, specializing in digital free speech, artificial intelligence, and the intersection of constitutional rights with emerging technologies. As a Senior Legal Fellow at the Future of Free Speech at Vanderbilt University, she leads initiatives to protect free expression and shape policies that uphold the First Amendment in the digital age.
Previously, Ashkhen was the lead for North and Latin America on the content regulation team at Meta, where she also served as the company’s policy lead on Section 230. She has also been a Senior Fellow at Stand Together and the Director of Civil Liberties at TechFreedom, where she worked extensively on platform liability, free speech, and internet governance. She is currently Fellow for the First Amendment at the Freedom Forum.
Ashkhen earned her specialist in law degree summa cum laude from Lomonosov Moscow State University in 2012 and later received a master of law degree from Yale Law School in 2016. During her time at Yale, she contributed as an articles editor for the Yale Journal of Law and Feminism, a senior editor for the Yale Law and Policy Review, and an editor for the Yale Journal of Law and Technology, while also serving as co-chair of the Public Interest Fellowship.
Legislative Director for Senator Marsha Blackburn, U.S. Senate
Jamie Susskind is the Legislative Director for Senator Marsha Blackburn (R-TN). Prior to becoming Legislative Director, she served for two years as the Senator’s Technology Policy Advisor. In that role, she advised on issues such as data privacy, cybersecurity, broadband, spectrum, content moderation, and antitrust, in addition to staffing the Senator on the Senate Commerce Subcommittee on Consumer Protection, Product Safety, and Data Security. Susskind previously worked on the Hill as Chief Counsel to Senator Deb Fischer (R-NE) and as an FCC Detailee for the Senate Committee on Commerce, Science, and Transportation. She also served as Chief of Staff to FCC Commissioner Brendan Carr and as Vice President of Policy and Regulatory Affairs at the Consumer Technology Association. A native Michigander, Susskind earned a Juris Doctor from the Antonin Scalia Law School and a Bachelor of Arts degree from the University of Michigan (Go Blue!).