With each year that passes, more and more platforms become available for publishing content. Publishing opportunities for any average Joe in pajamas include LinkedIn, YouTube, Twitter, Instagram, TikTok, Reddit, NextDoor and a seemingly endless variety of websites that allow users to publish reviews of businesses, to expose alleged scammers and cheaters, or to comment on news articles or topics.

Over the past year, many in the legal community have noted that these platforms are perpetuating conspiracy theories, disinformation and libel. Justice Neil Gorsuch recently opined in his dissent in Berisha v. Lawson that the digital age required reconsideration of historical protections for publishers, including the actual malice standard.