Thread by @BerinSzoka

Just tuned in to @LinaMKhan's confirmation hearing. Of course, Wicker focuses on whether social media can be treated as common carriers, citing Justice Thomas

Apples & oranges: Lina's paper was about *economic* regulation of Amazon, not content moderation, protected by the 1A

Unfortunately, she didn't make that distinction clear, just saying that we need to be "a bit market specific"

I debunk Thomas's opinion here (with @corbinkbarthold) lawfareblog.com/justice-thomas…

And I explain the line between regulating economic conduct (what Dems are focused on) and regulating editorial judgments (what Republicans are focused on here:
gaidigitalreport.com/2020/10/04/sec…

Sen Thune (R) & former Sen Nelson (D) have now moved on to the bipartisan "Show & Tell" portion of today's Senate Commerce Committee confirmation hearing

If it helps drain the venom from our politics, great 👏

Fun with confirmation hearings!: every time someone says "Packers & Stockyards Act," take drink!

Moran: social media sites should be punished for deceiving consumers by not delivering on their promises to provide an open, fair platform

Um, they also promise to block hate speech, misinformation, etc, etc

The FTC doesn't police drawing lines in such non-commercial speech

See Section IV of this paper, explaining why the FTC will no more sue websites for not being "fair" or "neutral" than it would sue Fox News for not being "fair & balanced"
gaidigitalreport.com/2020/10/04/sec…

Apparently, the one thing that Senators find more interesting than bashing "Big Tech" is....

talking to a Senator-ASTRONAUT about SPACE

Cruz: the FTC should be doing more to rein in the censorship of big tech companies and the imposition of their views on the free marketplace of ideas

No, there is literally nothing the FTC can do about speech. It polices *economic conduct,* not editorial judgments.