Social Media Censorship is not Speech

My Amicus Brief in 5th Court of Appeals Docket #: 21-51178 NetChoice v. Paxton (Appeal by TX AG Paxton of preliminary injunction against Texas anti-social medial censorship bill H.B.20) is delivered to the Court.

Amicus-Brief–NetChoice-v-Paxton-unofficial.PDF

Amicus-Motion–NetChoice-v-Paxton-unofficial.PDF

Social media platforms are not media, but platforms used by the users to communication and to create media.  Platforms themselves are not media companies, but telecommunications services providers. The Platforms have never marketed themselves as media, press, or publishers.

Platforms operate under their contracts (which are to be constructed by courts in each separate case; their terms of service are illegal and invalid) with the users and consumer protection laws.

Platforms are state actors, and must respect the First Amendment rights of their users. Most of the censorship by the Platforms lacks necessary communicative elements to even claim the First Amendment protection.

The Motion is not currently considered and unfiled for untimely submission.

via Science Defies Politics

https://ift.tt/3K9nG0d

January 13, 2022 at 01:07PM

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