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CAFE Insider 2/28: Full Court Press

CAFE Insider

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Is the Supreme Court's Judgment of the Ninth Circuit a Good Idea?

There's a little bit of tension here between strict constructionism and the notion of the law as something that requires development by the court. It's interesting because Justice Gorsuch was very critical of the test that the Ninth Circuit used, which he called the neutral tools test. And his claim was, well, that test isn't located any place in Section 230 itself. Is that a fair thing to consider?

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