I know I say “I don’t protect you from Twitter” a lot, and that a lot of people (idiots, mostly) are bothered by that, but it is said in defense of First Amendment rights.

A few points:
1. I provide accurate statements of the law so people can learn about 1A rights.

2. I do this even when I don’t agree with the way in which someone is using their 1A rights. For example, I inform people that hate speech is protected, even though I don’t agree with the content.
3. This goes for Twitter’s decisions to moderate content, too. It is protected, and I will continue to point that out even if I don’t agree with any particular decision by Twitter.
4. This is in support of First Amendment rights because the people who ignore or don’t know the law are only one breath away from suggesting a law that would violate someone’s First Amendment rights.
5. This isn’t some weird, unlikely fantasy—states are actively exploiting people’s misunderstanding of First Amendment rights to attempt to violate others’ First Amendment rights.
6. So when people think I protect you from Twitter and that Twitter is violating me, they suggest and support laws that actually violate me by using the government to regulate someone’s speech.
7. It should go without saying that if you support violating one party’s First Amendment rights in order to increase the amount of speech from other people with whom you agree politically, you don’t actually care about First Amendment rights.
8. So I will continue to repeat my mantra, not because I like it when companies restrict speech, not because I dislike First Amendment rights, but because I like actual First Amendment rights, not fake ones, and education is one way to protect the real rights.

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More from @USConst_Amend_I

10 Sep
I’m seeing a lot of these takes so here is a short, oversimplified explanation.

1/5
Two points.

1. I do not protect actual rioting.

2. Today’s decision about Florida’s anti-riot law does not say you have the right to riot.

2/5
The court said that the Florida law defined “riot” in an overly broad way that criminalized protected speech (i.e., speech that is not rioting). The government can’t punish protected speech simply by calling it “rioting.”

3/5
Read 5 tweets
12 Aug
Am I a law professor now?
For background on Schenck and the fire in a crowded theater phrase:

Read 5 tweets
12 Aug
Yes, this California bill would violate me.
Preventing harassment, true threats, etc. can be fine, but not when you define it like this
Read 4 tweets
17 Jul
The federal government should not be working with anyone to censor speech. I protect Facebook’s right to control the speech on its site.
But does the government flagging posts on Facebook violate me? A few points:

First, I protect you from the government, not from Facebook. Facebook removing posts on its own does not violate me. There needs to be government action to implicate me.
Second, the government is allowed to engage in its own speech. It can express a certain viewpoint and doing so does not violate me. So the government “getting factual information out there” etc. does not violate me.

mtsu.edu/first-amendmen…
Read 7 tweets

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