2. Thomas says Section 230 protects platforms from liability from unknowingly failing to remove illegal content, once the platform becomes aware of the content, it can be held liable
This change could make platforms more responsive to user reports
3. Thomas also says section 230 protects platforms that decide to remove content, but only when it's done in good faith. Now tech companies are protected whenever they remove content, even if the plaintiff alleges the purpose is racially discriminatory
4. Thomas also notes courts have protected platforms against cases that are based on the theory they have created a defective product. He pointed to a case against Grindr where the company said it was unable to stop someone from impersonating the plaintiff popular.info/p/clarence-tho…
5. Thomas argues this goes too far.
It's created a strange agreement between Thomas, who is accused of sexual harassment, and lawyers like @cagoldberglaw, who sues harassers
Goldberg told me Thomas' opinion was "excellent and clear-eyed"
6. Is Thomas exactly right about Section 230? I'm not sure. But it is clear that the current system is badly broken. Tech companies claim to be addressing problems voluntarily, but things keep getting worse
1. The media routinely ignores conduct from Trump that would be debilitating for any other presidential candidate.
In recent days Trump has promoted an unhinged theory that Biden ordered the murder of Navy SEALs
I looked into how the media covered it
Follow along if interested
2. Biden, according to this theory, gave the order to shoot down a Navy SEAL helicopter as part of a scheme to cover-up that the killing Osama bin Laden in 2011 was faked.
Trump has twice promoted this theory to tens of millions of followers on Twitter
1. As the election heads into its final stretch, Sinclair, the largest operator of television stations in the US, is amplifying Trump's misinformation about mail-in voting.
Many of Sinclair's affiliates are located in key states, including OH, FL, and TX
2. This week, dozens of Sinclair affiliates uncritically amplified Trump's claim that a clerical error in one Ohio county proved the entire election was "rigged."
3. Here's how the exact same story was covered by a local station that is NOT owned by Sinclair: "Why Trump’s claim of a rigged Franklin County, Ohio election doesn’t add up."
1. There is a tradition in the media to "balance" the coverage between candidates. That's why journalists, with the encouragement of GOP operatives, have turned Biden's reluctance to take a definitive position on expanding the court into a "scandal"
2. It would be great to know what Biden plans to do, if elected, with the court but did you know Trump has released NO POLICIES WHATSOEVER FOR HIS 2ND TERM?
3. The same Republicans who are saying Biden is contemplating an unprecedented radical act by expanding the court explicitly argued we should shrink the court to 8 or less if Hillary Clinton won in 2016
1. As part of Trump's child separation policy, ROD ROSENSTEIN told prosecutors to pursue cases even if it would result in infants being separated from their mothers
Where is Rosenstein now?
At the high-powered law firm King & Spalding (@kslaw)