Open To Debate Podcast: Mock Trial On Social Media Misinformation

Frank Racioppi
Ear Worthy
Published in
3 min readJun 17, 2024

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Any day now, a highly anticipated Supreme Court decision will be handed down defining the way forward for social media platforms when it comes to the proliferation of misleading information that could impact public health, national security, and election integrity.

In Open to Debate’s popular Mock Trial format, two prominent First Amendment lawyers make their arguments and give a behind-the-scenes look at what was argued in the case Murthy v. Missouri. They debate the limits of free speech, limits on government action, and what should be done with misinformation on social media platforms.

The Facts of the Case: During the COVID pandemic, the U.S. government requested that social media companies remove posts containing misinformation related to COVID and the integrity of the 2020 election. The states of Missouri and Louisiana, along with five individuals, filed a lawsuit accusing government officials of censoring the free speech present within those posts and thus violating the First Amendment.

So, did the government violate the First Amendment when they made their requests to social media companies?

Listen/watch here or wherever you get podcasts

Plaintiff:
Charles “Chip” Miller
Senior Attorney at the Institute for Free Speech

Defendant:
Rylee Sommers-Flanagan
Founder and Executive Director of Upper Seven Law

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Frank Racioppi
Ear Worthy

I am a South Jersey-based writer who manages Podcast Reports on Blogger and have a book available on Amazon about podcasts and podcasting called “Ear Worthy.”