2/ The First Amendment doesn't give you a right to speak on someone else's property. It actually guarantees *their* right to tell you to take a hike, no matter now "unfair" that might be
Because the 1A is a shield against government meddling in media, not a sword
3/ No, we cant just extend "net neutrality" to social media, because social media have always offered an inherently edited service
4/ Justice Thomas thinks websites can be compelled to be "neutral conduits"
6/ MAGA arguments for forcing websites to carry their speech are just the bizarro right-wing version of what Prof. Jerome Barron argued in the 1967 law review article that gave birth to the far left's "media access theory"
7/ Conservatives spent decades fighting the idea that the First Amendment gave anyone a right to speak on someone else's private property
Now, as on so many fronts, the Trumpist right has completely switched sides
8/ The Supreme Court firmly rejected media access theory in Miami Herald (1974): even newspapers with local monopolies have a First Amendment right to refuse to carry the speech of others
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Klobuchar emphasizes that Apple won't allow sideloading of apps onto iOS photos (as Google does)
But Apple has, since 2018, allowed progressive web apps (PWAs) to run in the Safari mobile browser
And PWAs are increasingly able to duplicate the functionality of "native" apps
PWAs have some significant advantages over native apps (found in app stores): notably, you can build the same app to run on all major web browsers (except Firefox), so you don't have to build separate Android and iOS versions
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"
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…
Republicans have relentlessly attacked "Big Tech" companies for "censoring" conservatives
Under pressure, Apple has caved, reinstating the #Parler app even though, for example, openly Nazi content is still readily available on the site. And that's just the tip of the iceberg...
It's hard to know what's really on Parler because the site doesn't allow full text search: unlike on Facebook or Twitter, you can only search for user names and hashtags
Even before the January 6 insurrection, Parler censored certain hashtags, like the N-Word
This was the bare minimum of what it took to create the veneer of respectability required to pretend that the site wasn't the cesspool of hate speech that it actually is
Parler seems to have expanded the list of banned hashtags to include other code words (eg "skittles"=Muslims)
Hawley isn't subtle about the motive for the bill: he's trying to use #antitrust law to retaliate against a private company for exercising editorial judgment in a way that Hawley doesn't like
The bill's text isn't out yet, but "online hosting services" may well cover other Internet infrastructure, including hosting domain names & "hosting" apps in the Play store
At noon, Prof. Hamburger will repeat his nonsense claims that the First Amendment is a sword by which government can force private websites to host speech they find reprehensible.
Websites have the same First Amendment rights as parade organizers, newspapers or other media to exclude speech they find objectionable, however "unfair" their decisions may be
It's just not the government's job to second-guess those content moderation decisions
Republicans used to understand this. They spent 80 years attacking Fairness Doctrine mandates for broadcasting, yet are now demanding a Fairness Doctrine of their own
Here's Rep @CathyMcMorris Rodgers firmly rejecting such nonsense in late 2019