Can Social Media Platforms Be Held Liable for User Speech? episode artwork

EPISODE · Jan 31, 2026 · 24 MIN

Can Social Media Platforms Be Held Liable for User Speech?

from The Libertarian · host The Civitas Institute at the University of Texas at Austin

Can social media companies be held legally responsible for the harms caused by their users? Richard Epstein examines the surge of lawsuits targeting social media platforms, particularly claims tied to speech, adolescent harm, and platform design. Epstein explains why traditional tort law places responsibility on the individual wrongdoer rather than intermediaries, how Section 230 is meant to shield platforms from derivative liability, and why efforts to carve out “bad faith” or promotion-based exceptions risk collapsing those protections altogether. He also explores the high costs and perverse incentives of jury-driven liability, the limits of causation in complex social harms, and a deeper concern often overlooked: government pressure on platforms that threatens free speech more than platform misconduct itself.

Episode metadata supplied by the publisher feed · Published Jan 31, 2026

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Can Social Media Platforms Be Held Liable for User Speech?

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