Should Congress Regulate Facebook?

Facebook whistleblower Frances Haugen recently testified before the Senate Subcommittee on Consumer Protection, telling senators that Facebook and Instagram stoke division, harm children, and avoid transparency and any consequences for their damaging effects. Her testimony amplified calls for regulation of the platforms. On today’s episode we consider a variety of proposed reforms, whether they would violate any other laws and whether they would be constitutional. Host Jeffrey Rosen is joined by internet law experts Jeff Kosseff of the United States Naval Academy and Nate Persily of Stanford Law School. They also consider why it is so difficult to regulate the platforms as well as the unintended consequences that may arise if they are regulated, and unpack prior cases on free speech that influenced the overall approach to Internet regulation from its very beginning, including the passage of Section 230 of the Communications Decency Act.

Questions or comments about the show? Email us at podcast@constitutioncenter.org.

Additional resources and transcript available in our Media Library at constitutioncenter.org/constitution.