Deep Dive Episode 211 – Section 230, Common Law, and Free Speech
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
Social media has become a prominent way for lawmakers, public agencies, experts, and governments to communicate with the public. Meanwhile, a once-obscure provision in federal communications law — Section 230 of the Communications Decency Act — has become a political football because it provides liability protections to internet-based companies like Facebook and Twitter. Our guests, Kristian Stout, Brent Skorup, and moderator Adam Thierer, are legal experts who have written about the history of media law and Section 230. They joined us for a moderated discussion featuring audience Q&A, as Stout and Skorup debated how lawmakers and courts should approach future Section 230 issues, political speech, and free speech online.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Director of Innovation Policy, International Center for Law & Economics
Kristian Stout, ICLE’s Director of Innovation Policy is an expert in intellectual property, antitrust, telecommunications, and Internet governance. Kristian has been a Fellow at the Internet Law & Policy Foundry, as well as the Eagleton Institute of Politics. Before practicing law, Kristian worked as a technology entrepreneur and a lecturer in the Computer Science Department at Rutgers University. Kristian served on the board of the New Jersey Leadership Program, and wasthe Chair of the Asset Forfeiture Working Group for the NJ State Advisory Committee to the United States Commission on Civil Rights. He has previously served on the Broadband Deployment Advisory Committee for the Federal Communications Commission. Kristian graduated magna cum laude from the Rutgers University School of law, and served on the editorial board of the Rutgers Journal of Law and Public Policy.
Legal Fellow, Center for Constitutional Studies, Cato Institute
Brent Skorup is a legal fellow in the Cato Institute’s Robert A. Levy Center for Constitutional Studies.
Before joining Cato, he was a senior research fellow at the Mercatus Center at the George Mason University. His research areas include free speech, technology law, Fourth Amendment protections, regulation, and property law. Skorup has published pieces in economics and law journals and in popular media, including The Wall Street Journal, The New York Times, Bloomberg Law, Reuters, and Wired. He’s appeared as a TV and radio interview guest for news outlets like C‑SPAN, NPR, CBS News, ABC News, and CNBC Asia.
The Pennsylvania Supreme Court, a dissenting opinion at the Illinois Supreme Court, and the ALI's Restatement of the Law of Property have cited his legal research and he has testified as a technology and legal expert in legislative hearings in several states. Skorup has been appointed to several federal and state advisory bodies and he is currently a member of the Texas Advanced Air Mobility Advisory Committee.
Skorup has a BA in economics from Wheaton College and a law degree from the George Mason University School of Law, where he was articles editor for the Civil Rights Law Journal. He was a legal clerk at the FCC’s wireless bureau and Office of General Counsel and at the Energy and Commerce Committee in the U.S. House of Representatives.
Senior Fellow, R Street Institute
Prior to R Street, Adam spent 12 years as a senior fellow at the Mercatus Center at George Mason University. Before the Mercatus Center, he served as the president of the Progress and Freedom Foundation. Adam has also worked for the Adam Smith Institute, the Heritage Foundation and the Cato Institute.
Adam has published 10 books on a wide range of topics, including online child safety, internet governance, intellectual property, telecommunications policy, media regulation and federalism.
In 2008, Adam received the Family Online Safety Institute’s “Award for Outstanding Achievement.”