Notes

Opinion: Clarence Thomas Shows the Path Forward on Big Tech

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<img class="featurable" style="max-height:300px;max-width:400px;" itemprop="image" src="https://static01.nyt.com/images/2015/08/28/us/28scotus/28scotus-articleLarge.jpg?quality=75&amp;auto=webp&amp;disable=upscale" alt="Clarence Thomas Suggests Nationalizing Social Media Companies"><span style="display:none" itemprop="caption">Ginni Thomas, wife of Clarence Thomas, endorsed the protest that became the Capitol riot.</span>
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<p class="p__0">"It alters nothing that these platforms are not the sole means for dispersing speech or info. A person always could choose to avoid the toll bridge or train and instead swim the Charles River or hike the Oregon Path," Thomas wrote. "However in assessing whether a company works out considerable market power, what matters is whether the options are similar.</p>
<br>&lt; Solution Can Be Seen Here ="p__1"&gt;Numerous legal specialists informed NPR that this reading of common carrier law represents a fringe view popular among partisan conservatives however not shared by federal regulative firms and the Supreme Court's own precedents. No other justice joined Thomas' concurrence. The remarks from Thomas are not the very first time he has composed that Huge Tech should be checked.
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<img class="featurable" style="max-height:300px;max-width:400px;" itemprop="image" src="https://arc-anglerfish-washpost-prod-washpost.s3.amazonaws.com/public/M4VUK6ENBUI6XIZ63IUJIHFZVQ.jpg" alt="Ideological alliances and divides on the US Supreme Court, charted — Quartz"><span style="display:none" itemprop="caption">The Case for Impeaching Clarence Thomas</span>
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<p class="p__2">Harvard Law School's Evelyn Douek argued that Twitter's booting of Trump may just be the action that leads to a stripping of social networks platforms' legal protections. "I have actually stated this repeatedly, however it was terribly short-sighted of liberals to unquestioningly commemorate the unaccountable deplatforming of Trump (not to point out everyone else swept up) as a workout of personal power and cede the point that guideline might really be helpful," she tweeted.</p>
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<p class="p__3">"I'm not sure what to make from how much assistance Justice Thomas's reading of 230 has among the other 8 Justices, particularly because they've rejected [certiorari] in a few high-profile 230 cases just recently," tweeted legal representative Jeff Kosseff, referring to the Supreme Court's current decisions not to accept some Section 230 cases.</p>
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<p class="p__4">In an interview, Kosseff said legal representatives preparing cases and state legislatures may be emboldened by Thomas' remarks. "It is an invitation for plaintiffs' legal representatives to bring cases challenging Section 230," he stated. "And I would not be shocked if we would begin seeing more states passing laws that try to control content moderation." Kosseff stated any legal analysis of Section 230 that overlooks a long history of cases that have actually maintained platforms' own First Modification right of policing unpleasant material would have a difficult time enduring judicial scrutiny.</p>
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