MC Weekly Update 8/8: 11 Dimensional Free Speech Theory

Moderated Content

Stanford’s Evelyn Douek and Alex Stamos weigh in on the latest online trust and safety news and developments:

X-Twitter Corner

• Twitter followed through on its threat to sue the Center for Countering Digital Hate (CCDH). The rationale has changed from a violation of the Lanham Act, a federal trademark statute, to a breach of contract and violations of the Computer Fraud and Abuse Act (CFAA). It's still a bad idea and not at all free-speechy. - Bryan Pietsch/ The Washington Post
• But in a pleasant surprise, X appealed an Indian court ruling that it was not compliant with federal government orders to remove political content, arguing it could embolden New Delhi to block more content and broaden the scope of censorship. Does Musk know about this? - Aditya Kalra, Arpan Chaturvedi, Munsif Vengattil/ Reuters
• Meanwhile, Apple removed Meduza’s flagship news podcast, “What Happened,” from Apple Podcasts and then reinstated it two days later without explaining… what happened. - Meduza
  • Earlier this summer, the Russian state censorship authority asked Apple to block the Latvian-based, independent Russian- and English-language news outlet’s show.
• About a month ago, the Oversight Board told Meta to suspend Cambodian Prime Minister Hun Sen from Facebook and Instagram. He originally threatened to leave the platform altogether, but instead is back and posting. Meta has three more weeks until the deadline to respond to the Board’s recommendation. (Shoutout to Rest of World for being one of the only outlets covering this!) - Danielle Keeton-Olsen, Sreynat Sarum/ Rest of World
  
• TikTok announced a number of new measures that it is rolling out in the EU to comply with the Digital Services Act, which comes into effect for major platforms at the end of the month. Especially ironic in light of our discussion last week, one of the measures is a chronological feed. - Natasha Lomas/ TechCrunch, TikTok
• Google said demand for its free Perspective API has skyrocketed as large language model builders are using it as a solution for content moderation. But Perspective is a blunt tool with documented issues, including high false-positives and bias, and a lack of context that can be easily fooled by adversarial users. (Shoutout to Yoel Roth for skeeting about this on Bluesky) - Alex Pasternack/ Fast Company, @yoyoel.com
• This is scary: A lawsuit brought by the adult entertainment industry group Free Speech Coalition (FSC) against the state of Utah to stop enforcement of a new state law requiring age verification to access adult websites was dismissed. - Sam Metz/ Associated Press
  • The court held that the law can’t be challenged and paused with an injunction before it goes into effect because it’s not enforced by the government, but with private lawsuits. Not only that, but the court said the group can’t raise the constitutional arguments it made against the law until a resident uses it to file a lawsuit.
  • This has to be wrong as a matter of First Amendment law, which is usually very concerned about chilling effects. FSC appealed the ruling, so we’ll have to wait and see. If this survives, it will be a scary loophole to First Amendment scrutiny.

Sports Corner

• Aussie Aussie Aussie! Oi Oi Oi! The Matildas are through to the Women’s World Cup quarter finals with a 2-0 win over Denmark and Sam Kerr’s return to the pitch for the final 10 minutes of play. - Jon Healy, Simon Smale/ ABC News (Australia)
• We send our commiserations to the U.S. Women's team for bowing out of the World Cup in the worst possible way. Hold your head up high, Megan Rapinoe, you’ve left an indelible mark on the sport and U.S. women’s athletics! - Issy Ronald/ CNN
• Stanford Athletics is in rare company, but not the kind you want to be in. All but three other teams will leave the Pac-12 as the historic college athletics conference faces an uncertain future. - John Marshall/ Associated Press

Join the conversation and connect with Evelyn and Alex on Twitter at @evelyndouek and @alexstamos.

Moderated Content is produced in partnership by Stanford Law School and the Cyber Policy Center. Special thanks to John Perrino for research and editorial assistance.

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