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Jess Miers

Jess Miers

Jun 28, 2026

15:38
So for people who don't really understand that, I wonder if you could kind of just in a brief but concise way explain, one, are they publishers? If they are publishers, How are they either the same or different than a newspaper or a TV station? And if they are different from a newspaper or TV station, then how do they get to call themselves publishers? And what's this Section 230 all about?
16:04
A publisher for First Amendment purposes, where we're just looking to see does the First Amendment apply, is a person or an entity or an institution that is in the business of communicating information to an audience first.
16:18
through the use of editorial decision-making.
16:21
And so this idea of what a publisher is has broadened.
16:24
It's broadened from newspapers to broadcast TV, to cable companies, to internet, search engines, social media.
16:32
Now we're starting to have this question about AI.
16:33
The idea for First Amendment protection is not around, and the courts make this very clear, we don't care about what the actual medium is.

11 MINS LATER

27:53
But maybe I'm looking at it the wrong way, but that's how I'm seeing it, because I don't see the law fixing it.
Elizabeth GrossmanMODERATOR
15:15
Do you think that these rulings create any tension between civil liability and First Amendment protections that the courts haven't fully addressed or resolved yet?
15:24
Yeah, it's a great question.
15:25
I'm gonna do the law professor thing and ignore it and then come back to it.
15:27
Um, so I wanted to come back to, uh, uh, sort of the opioid framing, some of the remarks that, uh, Jeremy made.
15:34
Um, I- uh, I'm glad that it was referenced, uh, you sort of framed it as the opioid, uh, litigation because I've been thinking the same thing as well.
15:42
We've been seeing a lot of the analogies to the big tobacco, um, and I think actually you're right, Jeremy, I think procedurally, I think this looks a lot like what we saw, um, with the opioid crisis.
15:51
But I wanna be really careful about a couple things, especially because it is Mental Health Awareness Month as well, and I think, and because I study and research in this area, I think it's important we get some of these things straight.

33 MINS LATER

Elizabeth GrossmanMODERATOR
49:06
I am gonna throw it to Jess to talk about the mental health point, and then we are going to open it up to the audience to ask their questions.
7:11
Do you wanna sort of run us through the episode and then maybe some of your concerns?
7:16
Yeah, I'll give some high level.
7:17
So, um, I echo everything you said.
7:19
I am...
7:19
I'm a big John Oliver fan.
7:21
It, it would be an honor if anyone from his team ends up listening to this episode as well.
7:26
So just starting off with that, and I assigned, um, the content moderation episode.

6 MINS LATER

13:45
Just to clarify, the KnowMe being the AI character that is conversing with the human user.

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