Ari Cohn Profile picture
First Amendment & defamation lawyer. Lead Counsel for Tech Policy @theFIREorg. Illini/music junkie/oofnik. Tweets are my own. https://t.co/F6NjdYqLaQ

Jun 21, 2021, 7 tweets

The Supreme Court pretty recently expressed its unwillingness to expand the state action doctrine in Halleck.

And Paul Domer was a student who wrote a law review article; he's not an expert. Marsh is inapt, and again, SCOTUS has been clear that it has no interest in expanding it

Repeat after me: "traditionally and exclusively performed by the state"

Holy cow, this part of Paul Domer's "expert" law review article:

1) Actually, they do

2) Packingham suggests *nothing of the sort*

And just wow:

-"A public forum graced with First Amendment protections?" WTF does that mean?

-These cases are about whether a specific government official's page is a public forum by way of that official's ability to block/remove content. Not whether Twitter is a public forum

This is just an embarrassingly bad article

Revealing:

Ah yes, the "being a primary source for information to the public" exception to the First Amendment.

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