Executive Director Jameel Jaffer spoke last week at the Harvard Law School Rappaport Forum on a panel moderated by Noah Feldman and also featuring Daphne Keller. The panel, entitled “Censorship, Content Moderation, and the First Amendment," focused on questions that the Supreme Court is expected to consider in the upcoming term, including whether and how the government can regulate social media platforms, and whether and how it can influence, coerce, or expose social media platforms’ content moderation decisions.

As part of the conversation, Jaffer noted, “I’m worried that the courts are constructing a First Amendment that sees every regulatory intervention in this sphere as a form of censorship. And I don’t think that version of the First Amendment would serve free speech or democracy very well. The First Amendment should be able to distinguish between regulation that undermines the values that the First Amendment was meant to serve … and interventions that promote those values.”

Watch the full conversation below: