I appreciate the spirit of this but I don’t think it’s legally defensible in the long run in America particularly with the way the courts have tended toward an expansionist View of 1a. https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/06/19/supreme-court-unanimously-reaffirms-there-is-no-hate-speech-exception-to-the-first-amendment/ …https://twitter.com/kimmaicutler/status/1029854853483229184?s=21 …
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Replying to @LessThanLiz @aprilaser
If you read that excessively long thread linked above and
@klonick's paper, Twitter's legal team modeled their norms after existing precedents in American 1st amendment law. https://harvardlawreview.org/wp-content/uploads/2018/04/1598-1670_Online.pdf …1 reply 0 retweets 1 like -
Replying to @kimmaicutler @LessThanLiz and
the cases referenced above all reference early Internet companies like Compuserve, Prodigy, AOL, etc. There are also cases about privately-operated spaces like shopping centers the Supreme Court has ruled that people have 1a rights https://en.wikipedia.org/wiki/Pruneyard_Shopping_Center_v._Robins …
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Replying to @LessThanLiz @kimmaicutler and
I can make lots of recs on Sec 230 stuff. . . But I do think I give a nice redux in the beginning of my piece & set up the issues between that and the 1A. FWIW, your thoughts on company norms is dead on ;) and part of the problem.
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Replying to @Klonick @LessThanLiz and
what do you think could be different about company norms? (Obviously there's a lot, but what are the first 1 or 2 things that come to mind?)
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Replying to @kimmaicutler @LessThanLiz and
Oh, it's not that I think there are things that I would *change* about norms, it's that they *can be* changed. So to make a comparison, US common law changes, and so does our interpretation of the Constitution, BUT WE HAVE A CONSTITUTION that theoretically reflects core VALUES 1/
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Replying to @Klonick @LessThanLiz and
I'm mostly fearful of this. https://www.nytimes.com/2018/06/30/us/politics/first-amendment-conservatives-supreme-court.html … Like that platforms could continue to do more and more above the 1A base and then have the opposite reaffirmed at the SC level.
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Is that a real or grounded fear or am I just being paranoid?
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