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- Dec 16, 2019
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Justice Thomas argues that while private companies aren’t subject to the First Amendment, common carriers are unique to other private businesses in that they do not have the “right to exclude.” Thomas suggests that large tech platforms with substantial market power should be bound by the same restrictions. “If the analogy between common carriers and digital platforms is correct, then an answer may arise for dissatisfied platform users who would appreciate not being blocked: laws that restrict the platform’s right to exclude,” Thomas writes.
Such a restriction would substantially curb tech giants’ ability to moderate content, a proposal that both tech giants and those on the left who want to see more aggressive content moderation online would almost certainly reject.
We also need honest, ethical, and impartial judges for this to make any headway.
Will not work in a just-us system.
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