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To: Morgana; semimojo
"AMICI BRIEFS FILED IN KEY WEB-CENSORSHIP CASE

The battle against censorship in America is taking place in the 5th Circuit in Netchoice v. Paxton, and amici for free speech have just filed their briefs. The case will decide the constitutionality of the Texas social media statute, which is the most promising response to Big Tech manipulation of the nation’s political, religious, cultural, and scientific debates.

The Texas statute:
• Designates the tech companies as common carriers.
• Bars them from censoring others on the basis of their viewpoints.
• Preserves the freedom of tech companies to restrict unlawful or unwholesome content.
• Provides only the mildest possible remedies—injunctive and declaratory relief, not damages.

The statute protects the free speech of Americans without limiting the free speech of the tech companies:
• The companies are common carriers, which provide conduits for the speech of others. So, when this statute bars them from viewpoint discrimination, it is only preventing them from censoring the speech of others. It is not limiting them in their own speech.
• This sort of anti-discrimination restriction on common carriers was traditionally imposed by both common law and statute. It has been applied to communications common carriers since the 19th century, without any question about its compatibility with the First Amendment.
"

https://instapundit.com/510619/#respond

61 posted on 03/21/2022 8:59:10 AM PDT by DiogenesLamp ("of parents owing allegiance to no other sovereignty.")
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To: DiogenesLamp
The statute protects the free speech of Americans without limiting the free speech of the tech companies...

LOL. Except for the part where the government is forcing them to use their private property to disseminate speech they don't agree with.

Other than that their speech isn't limited.

63 posted on 03/21/2022 9:12:21 AM PDT by semimojo
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