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First Amendment · Section 230 · AI Liability Nerdy Skynet! April 10, 2026 |
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Coverage: 2026-04-07 through 2026-04-10 · 1 new development this period |
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Techdirt |
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Techdirt Podcast Episode 449: The Dangers Of Product Design Liability For Social Media Techdirt · 2026-04-08 CommentaryThe post summarizes a podcast discussion about recent court rulings in California and New Mexico holding that social media companies can be held liable for certain platform uses under product design liability theories. The conversation, featuring Techdirt's Mike Masnick on FIRE's So to Speak podcast, addresses the First Amendment concerns raised by imposing product design liability on social media platforms — a doctrinal area intersecting with Section 230 immunity and platform editorial discretion under Moody v. NetChoice. These rulings are directly relevant to the newsletter's tracking of how product liability theories interact with First Amendment protections for platform design choices and whether such claims are preempted by Section 230. Key point: Courts in California and New Mexico applying product design liability to social media platforms raise significant First Amendment and Section 230 concerns about whether platform architecture and design decisions can be regulated through tort law without infringing on protected editorial discretion. |
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Sources: CourtListener API ·
All 13 federal circuit RSS feeds ·
All 50 state supreme courts + intermediate appellate courts (8 states)
via Justia ·
Eric Goldman · Techdirt |