The justice’s speculations on the possibilities for regulating social media platforms are already changing the tone of the debate on the political right—but he makes a weak argument.
Berin Szóka is President of TechFreedom, a think tank dedicated to technology law and policy. Before founding TechFreedom in 2010, Berin was a Senior Fellow and the Director of the Center for Internet Freedom at The Progress & Freedom Foundation. Previously, he practiced telecommunications and Internet law at Latham & Watkins LLP and Lawler Metzger Milkman & Keeney, LLC, and clerked for a federal district judge. He is graduate of the University of Virginia School of Law.
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Republican Governor Ron DeSantis has promised that Florida will soon enact “the most ambitious reforms yet proposed” for “holding ‘Big Tech’ accountable.” There’s just one problem: It’s unconstitutional.
In a new Wall Street Journal op-ed, Philip Hamburger argues that “the government, in working through private companies, is abridging the freedom of speech.” This argument doesn’t hold water.