Texas vs. Platforms … vs. The First Amendment
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Do We Want to Strike Down Transparency Obligations?
In defense of the 11th Circuit ruling, I thought it was interesting that the court did, in that case, strike down one of the provisions. The idea is that will allow more nuanced analysis of how these different kinds of obligations apply in practice. We're gonna be pretty wary of striking down disclosure obligations that don't look on their face to be ridiculous. And it's only when there is so burdensome that it seems like there's no way the platforms could comply with them that we're gonna strike them down.
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