Oh, I think it’ll definitely be struck down - particularly by this Court, if it even gets that far. This decision isn’t meant for the law, it’s an attempt to build a brand.
But more importantly, the argument the Judge is putting forward - that coersion has been shown by Democratic politicians threatening to repeal Section 230 - is just as applicable to every Republican who has threatened to repeal Section 230 unless social media companies stop “discriminating” against Conservatives.
If I’m not mistaken, you have argued that, right here on this message board.
Well, that’s not entirely correct. In the context of what I’m saying, “the law” has to think what about… - we’re a common law system. This is particularly true at the appellate level and above.
The government cannot use a third party to make an end run around the first amendment. This is well established in the law. If being in the room has a 'chilling effect" on speech asking is going way overboard.
nope. threatening to change the law to expand speech is a law “in furtherance” of the 1st amendment and constitutionally sound. Threatening a law to punish platforms if they don’t restrict speech… not so much.
Well, I don’t know if I’d entirely agree with that. But the more important question is when/if the government has crossed that line, and tried to make that end run.