Category Archives: First Amendment

Vox – my thoughts on whether Trump can do anything about a Twitter conservative bias

See my and seven other expert views here.

[NB: It shouldn’t need to be said but I’ll say it anyway: to the best of my knowledge there has been absolutely *no* evidence of Twitter “shadowbanning” conservatives on its platform. The point of this article is to ask whether Trump could do anything, even if Twitter were censoring (which it almost surely is not)]. Legal-types like hypotheticals.

Quoted in the Guardian/First A and unfair business practices

Article here.

PSA: The First Amendment does not insulate companies from anticompetition law.

Imagine a world in which every time a business released a deceptive ad (e.g. claiming their herbal cure cures diabetes in 24-hours!!!) the company could shield itself from FTC litigation by claiming their lies are fully protected by the First Amendment. It’s absurd.

The fact that one is speaking does not a magical shield against all legal liability make.