Clarence Thomas and Section 230: Why the justice’s musings matter – By Marguerite Reardon (CNET) / April 11 2021
An opinion issued by the Supreme Court Justice could spark more movement on the legal shield protecting social media companies.
Supreme Court Justice Clarence Thomas fired a warning shot Monday at social media giants Facebook and Twitter that could signal the possibility of stricter regulation and a potential radical shift in thinking around the First Amendment and the hotly debated topic of Section 230.
On Monday, Thomas and the other eight Supreme Court justices handed down a ruling in a case involving former President Donald Trump blocking users from his Twitter account. The court vacated a lower court’s ruling that said Trump’s actions were unconstitutional. Since Trump is no longer president, the Supreme Court said, the case was moot.
Still, Thomas took the opportunity to write a short concurring opinion, which explained why the government should regulate social media companies like so-called “common carriers,” a designation often bestowed on utilities like telephone networks. This line of thinking would restrict social media companies from taking down content from their sites, ensuring that everyone could have equal access to the platforms.
“If the analogy between common carriers and digital platforms is correct, then an answer may arise for dissatisfied platform users who would appreciate not being blocked: laws that restrict the platform’s right to exclude,” Thomas said in his opinion.
CONTINUE > https://www.cnet.com/news/clarence-thomas-and-section-230-why-the-justices-musings-matter/
