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  • “Strongly Regulate,” Social Media Edition

    May 27, 2020

    So earlier this week the President of the United States took to Twitter to baselessly accuse a private citizen of murder (as one does, amidst a pandemic that has claimed 100,000 American lives and…

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  • “Nice Little Internet You’ve Got There – Be a Shame if Anything Happened to It.”

    May 26, 2020

    There’s another shift that comes amid the whining about “tech censorship” and the “silencing of conservative voices online,” and it’s a purely transactional one: put up our content or lose the immunity that CDA…

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  • Why Content Moderation Codes Are More Guidelines Than Rules

    May 20, 2020

    Also, following on my last post: since the First Amendment protects site moderation & curation decisions, why all the calls to get rid of CDA 230’s content moderation immunity? Having listened carefully and at…

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  • Let’s Talk About “Neutrality” – and How Math Works

    May 19, 2020

    So if the First Amendment protects site moderation & curation decisions, why are we even talking about “neutrality?”  It’s because some of the bigger tech companies — I’m looking at you, Google and Facebook…

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  • No, CDA 230(c)(2) Isn’t The Only Thing Keeping Conservatives Off YouTube

    May 18, 2020

    Over the last year or so, there’s been a surge of claims that Google, Twitter, YouTube, etc. are “biased against conservatives.”  The starting point of this bad faith argument is a presumption that sites…

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  • Further Thoughts on Professional Speech Regulation

    May 11, 2020

    OK, so in my post on the Visaline case, I explored the bizarre idea that regulators can keep people from speaking on certain topics, just by requiring a license to talk about those things…

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