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In Brief: Free Speech & Social Media (with Jameel Jaffer)
Stay Tuned with Preet
Is the Fifth Circuit a Censorship Decision?
M, i think that the most bewildering thing about the fifth circuit a decision is that it treats these editorial decisions by private actors as if they were subject to the first amendment. The first amendment was meant to guarantee the freedom of private speakers who decide for themselves which speech is worth publishing and which speech isn't worth publishing. Two things tha write, both the right to speak and the right not to speak, and both are implicated here. Tth, the problem of the fifth circuit opinion is that it just recasts editorial judgment of these platforms as censorship.
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