Lawfare Archive: Content Moderation and the First Amendment for Dummies
The Lawfare Podcast
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Is Social Media a State Actor?
The Supreme Court held in an opinion written by Justice Kavanaugh that when a private entity provides a forum for speech, the private entity is not ordinarily constrained by the First Amendment. This was finally enough something that liberals came to really embrace in the wake of the great de-platforming as it's come to be known. And so even though the political winds on state action doctrine are shifting and liberals are embracing it, there's no indication that there's any desire to back away from the very rigid state action doctrine I was describing earlier. If anything, they're opposite. The current court, the Trump court, is going to be more committed to it and Kavanaugh will lead the way.
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