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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If only someone had counseled people to take a deep breath and not panic over speculative fears that have not been borne out in a single election cycle.
Senate Judiciary is having a hearing today on "Big Tech and the Online Child Sexual Exploitation Crisis," in which senators will yell at a bunch of social media platform CEOs and likely say some very wrong things. Follow along in this thread, if you dare.
2/ Durbin kicks off by showing a video from victims of online CSE and their parents. Undeniably horrible stories, and if the hearing really focuses exclusively on platform efforts to combat CSE/CSAM, I'll be on board--platforms SHOULD be doing more.
But that's unlikely.
3/ And not for nothing, Durbin's STOP CSAM Act swings the pendulum too far, threatening end-to-end encryption and incentivizing takedowns of lawful content and campaigns of false reporting. EFF has a good explainer: eff.org/deeplinks/2023…
1/ I must respectfully take issue with this piece, for a few reasons.
First, as a normative matter, to mee it comes too close to equating the harms of CSAM with the effects of minors looking at porn. Whatever you think about the latter, the former is *inestimably* worse.
2/ Second, the "secondary effects doctrine" is a heaping MESS that gives government an end-run around the First Amendment, even for non-porn speech. Expanding it to the online world rather than physical locations would be terrible.
SED should be retired, not broadened.
3/ Third, there is no distinction between the age verification mandates being proposed now, and the ones struck down in the Great COPA Wars, practically or constitutionally.
The curtailment was in fact being forced to verify your identity before accessing disfavored content.
1/ So @MiamiSeaquarium, which tortures Orcas by keeping them in confined spaces, have filed suit because Phil published drone pictures and criticized them.
It's evident that they didn't like being criticized, and are trying to shut him up.
In case you're unfamiliar with the litigation, let me refresh your memory & explain why it's important.
2/ In April 2021, a video started circulating on social media showing a man accosting a teen taking pre-prom pictures with his boyfriend at a hotel restaurant, because the teen was wearing a dress.
Super normal stuff.
When Kathy saw the video, she tweeted about it a few times.
3/ In her first tweet, she identified the man as Sam Johnson, and noted that he worked at VisuWell, a telehealth software company from what I gather.
A couple tweets later, VisuWell announced Johnson's firing. Griffin asked if he was going to remain on the board. They said no.