The Fifth Circuit is Wrong on the Internet
The Lawfare Podcast
The Fifth Circuit's Decision on the Platforms
Yewy: If you're at all familiar with first amendment rulings over the past 50 years, reading this one will make you feel as though you've entered the twilight tone. The key analytic move that the fifth circuit makes is to characterize what the platforms do,. which it describes as censreship, as conduct rather than the exercise of editorial discretion," Yewy says. "I just don't think there's any way to read the relevant supreme court precedents," he adds.
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