Author: Josh King
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Recent Cases Bode Well for Professional Speech Rights
Catching up – this summer has seen some important developments on the professional speech front: Billups Decision Affirmed on Appeal In Billups v. City of Charleston, a unanimous 4th Circuit panel affirmed the District…
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Summer of CDA 230
Since my last series of posts on this topic, there has been an epic surge of hot nonsense government proposals on CDA 230. First up: Donald F. Trump’s executive order purporting to take social…
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“Strongly Regulate,” Social Media Edition
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.”
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
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
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
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
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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Yes, I’d Like to Think Utah is Taking My Advice
Back in January, 2018 I wrote a post titled “What SHOULD Attorney Advertising Regulation Look Like?” In that post — one of many in my long string of railings against the inanity of the…
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Is the Ice Breaking for Professional Speech?
It’s been all COVID-19 for the last couple of months, so I’m taking a break to take a look at a new professional speech case that I missed when it dropped in late February.…