Amidst all the conversation around regulating social media, algorithmic amplification, and disinformation, one idea that tends to get a lot of broad support is mandating editorial transparency. After all, it sounds nice, since transparency is usually a good thing. But in fact, there are huge legal and conceptual problems with mandated transparency. Santa Clara Law's Eric Goldman has written papers on the constitutionality of the idea and an important Supreme Court case related to this question, and this week he joins the podcast to discuss why mandated transparency isn't as good (or as constitutional) as many people claim.

Read the papers:

The Constitutionality of Mandating Editorial Transparency - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4005647

Zauderer and Compelled Editorial Transparency - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4246090

Ver todos los episodios