Twitter's online speech norms were created and shaped by lawyers who were deeply knowledgeable of existing First Amendment case law in the U.S. It feels like journalists now want platforms to intentionally deviate from that: https://harvardlawreview.org/wp-content/uploads/2018/04/1598-1670_Online.pdf … https://twitter.com/TonyRomm/status/1029827909987520512 …
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Replying to @kimmaicutler
The First Amendment doesn’t apply to Twitter though. So...
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Replying to @GregWildSmith
The cases referenced in ~80 page legal paper above are about private businesses like Prodigy, Compuserve, etc.
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Replying to @kimmaicutler
Indeed, and in the conclusion says companies like Twitter “lie outside current First Amendment doctrine”. The paper is 73 pages to say what we already knew. It’s a good examination of current law but even it states that Twitter isn’t *currently* bound by it.
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Replying to @GregWildSmith
It could be litigated against for years and then you’d have to decide what is worth that time and capital and what precedent could be set (in your favor or against) for all Americans under judges that have been put in place by certain administrations.
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I’m frankly pessimistic that those who want to see stronger anti-harassment, anti-hate speech norms validated will get that under the many judges that have been put in place. https://poseidon01.ssrn.com/delivery.php?ID=448116089123103088098064123117100081056087054032028010066007109074002103073010123030002122118022114055124102016120085103114078014010033010014098097064089064082081095040021049071073097001071001009082007123023124073000007001014127098103068026100089121095&EXT=pdf …
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