Hey Vinnie, good to hear from you :) To be clear, I was just trying to explain the actual situation, not make a judgement call. I have no idea how the Supreme Court will rule.
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Replying to @cmuratori @vincentyesue and
I like Eugene Volokh but at least lately SCOTUS also hasn't been agreeing with him. JANUS went the other way - I think he was even an amicus in it, etc. We also don't know what the Supreme Court will look like by the time these cases come down, so that makes prediction harder.
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Replying to @cmuratori @vincentyesue and
As for the actual legal question, I think it is actually harder than it sounds. On the one hand, MCAC v. Halleck would be in favor of Twitter. On the other, with the overwhelming importance of the internet, I could see Amalgamated Food making a come back.
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Replying to @cmuratori @vincentyesue and
And I think an oft-overlooked point as well is that the First Amendment is but one of many such laws at play, as each state often has its own Constitutional free speech protections, which may be broader than the Federal.
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Replying to @vincentyesue @vyodaiken and
People do not seem to understand that these things are not some kind of magic wand that does one thing. There are many, many cases, and different people can win or lose on different things purely by how well they muster a case and what the court looks like.
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Replying to @cmuratori @vincentyesue and
Lochner era is completely different from now; Rule of Reason in antitrust is now a thing, and wasn't before; literally nobody would have predicted Roe v. Wade; Citizens United was a total shift.
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Replying to @cmuratori @vincentyesue and
The reason I think we _could_ (not will, but could) see something very surprising here, at the end of the day, is that Twitter and Facebook seem to be massively more important to the political process than something like a public access station, or a mall.
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With Kennedy gone, I do suppose that it may be less likely to have a surprising decision, but, I honestly don't know. The court will be in a tough position when someone asks why the government must allow someone on Twitter to follow the President...
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Replying to @cmuratori @vincentyesue and
... but does not have to do anything if a private party prevents them from following the President (because Twitter banned them, etc.) It leads to some nonsensical results, and depending on how good the lawyers are, it will be interesting to see how they navigate it.
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