Otherwise smart people are being distracted by Trump's executive order into doing extensive legal analysis of what is a political attack on social media companies. Such political attacks have been extremely successful at changing big tech policy in the past, focus on that aspect!
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Analysis of the social impact of technology in the US today consists of a bunch of academics and lawyers poring over the rulebook for Calvinball, plus venture capitalists trying to figure out how to safely discuss eugenics. And this fine bookmarking site, of course. Use Pinboard!
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isn't that backwards? Twitter's lawyerly response when called out for manipulation is "but we 're a platform"
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Don’t forget that virtually all lawyers—by training—start from a position of “the correct interpretation is whatever I can convince someone it is,” rather than one rooted in philosophy or logic.
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One area where this doesn’t seem to be the case is with textual-originalist judges. (E.g. Federalist Society as Trump and GWB drew from.) I say “seem” because while some are exactly what they say they are, others just use it as an excuse to rule how they want.
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Law professors sometimes say the quintessential first lawyer question should be “who makes the rules”, which might be a slightly better instinct
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You have absolutely no idea what you’re talking about.
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