**Editor’s note: This episode was recorded before Meta settled a social media addiction trial with a coalition of state attorneys general on Aug. 26, 2026. The case alleged the company knew some of its features on Facebook and Instagram could be harmful to kids and the company publicly misrepresented those risks.
Social media and artificial intelligence are increasingly powerful tools for sharing and accessing information. They’re also at the center of a push for the government to address their potential harms — particularly to kids.
So where’s the constitutional line between regulating technology and regulating speech? And could this latest wave of legislation and litigation change what we can see, say, and create online?
Joining us to break down the latest developments in social media and AI and what it all means for free speech are:
Joel Thayer, senior fellow for AI and emerging technology policy at the America First Policy Institute and president of the Digital Progress Institute
Kate Ruane, director of the Center for Democracy & Technology’s Free Expression Project
Timestamps:
00:00 Intro
02:02 The case for regulating social media
09:23 The case for social media as protected speech
18:12 Are social media design features protected speech?
23:46 Section 230 and platform liability
37:21 Privacy, COPPA, and online child safety
58:40 Are AI chatbots speech?
01:09:06 Will Congress regulate social media and AI?
01:12:27 Outro
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