@evelyndouek and @blakereid: remember that convo we were having about reimagining the First A. It is happening... A few years ago, the dominant conservative judicial position was that net neutrality violates First A. But winds keep shifting! (1/2)
https://twitter.com/mjs_DC/status/1379065122858147843
What is interesting here is the use of history to support the point. History does help! This is b/c the current laissez faire view of the First A is historically extraordinary. But up until like 5 seconds ago that (almost) never stopped Thomas from joining in. (2/2)
What is also notable tho is the SELECTIVE use of history. Thomas claims the concentrated power that the platforms possess is unprecedented but that is clearly wrong. Paging Western Union, CBS, NBC, Rush Limbaugh... (3/5)
The opinion suggests a roadmap for a new, technologically splintered First A which allows heightened reg of broadcast and internet than newspaper or cable. It's very interesting, though ultimately based on a fictional view of the world. (4/5)
It would be better, as @NelsonTebbe and I have argued, to reject the laissez faire view altogether. Let's not develop law on the basis of fiction! But this approach is an interesting middle ground. (5/5)
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