News & Publications

Misguided Federalism: State Regulation of the Internet and Social Media (2023) 102 N.C. L.Rev. 1

This article, written by Alex Chemerinsky and Erwin Chemerinsky, surveys recent attempts by both left- and right-leaning states to require or restrict internet platforms’ editorial discretion.  The article argues that such attempts are usually unconstitutional, preempted by federal law, and are bad policy.  If platforms’ editorial choices are to be regulated, the authors argue that the regulation should come from Congress.

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