Chris Marchese
@ChrisMarchese9
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Director, NetChoice Litigation Center. Fan of free speech and free enterprise, beaches and biographies.
Washington, D.C.
Joined December 2019
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NY's COVID-19 vaccine rollout is a disgrace. Hotline and website not working. Appointments at state-run site booked thru April.
@NYGovCuomo
-- what should I do? I just want to help my 88-y.o. grandma w/ severe underlying health probs get a vaccine. Please help.
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It is unfathomable to me that the U.S. Congress is asking private businesses for "lists" of their users & FB's info on them. I'm not equating the two in terms of severity, but this is like Alabama trying to get the NAACP's membership lists. Reminder: Alabama lost that case.
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Actually, what am I saying — given who Lin Wood is, proving actual malice wouldn’t be much of a barrier. No doubt he knows his lies are indeed lies. He’s protected only because the CJ has too much class and respect for separation of powers to haul his butt into court.
I can’t emphasize this enough: I love the First Amendment. But boy oh boy it’s disgusting smears like this, from awful people like him, that put me *this close* to opposing NYT v. Sullivan—would love for CJ Roberts to destroy this turd. But principles & greater good >.
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I tried to be polite and speak broadly, but it was
@HawleyMO
who pursued this line of questioning and made such demands. The Senator then criticized Mark Zuckerberg for refusing to commit to giving such information, which prompted the Senator to threaten issuing a subpoena.
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Fun fact about Chevron and what it tells us about the conservative legal movement’s development:
as Reagan’s solicitor general,
@BasedMikeLee
’s dad successfully argued the case on deregulatory grounds.
Indeed, the case was part and parcel with the administration’s plan to 1)
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Should a black baker (or any baker) be forced to customize a cake for the Klan's election of a new Grand Loser? Should a gay event planner be forced to plan a religious group's conversion therapy convention?
No, says 303 Creative in a nutshell.
@jkwici
@senatorshoshana
.
@ChrisMarchese9
had a great example this morning:
A bakery can't refuse to sell a gay couple a premade cake on the basis of sexuality. But it can refuse to make a custom design if the baker does not wish to associate with the design's message.
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“Sir, this isn’t a fire alarm but an active shooter situation; get outside now” was not how I expected my Thursday to start.
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The Senate is expected to pass the Kids Online Safety Act. KOSA is well-intentioned but unconstitutional. In fact, over 90 organizations—everyone from the ACLU to Wikipedia—urged Congress not to pass KOSA because it's unconstitutional and because it'll harm kids. Here's why:
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WSJ ed board cuts to the chase brilliantly: "it never turns out well for conservatives, or anyone else, when the supposed remedy [for speech you disagree with] is giving government more power to control speech. The Supreme Court can make that clear to Texas and Florida."
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Like age-verification requirements, which require proving your identity, it’s unconstitutional. It’s also a bad idea. The Founding Fathers anonymously wrote the Federalist and Anti-Federalist papers. Those papers helped win ratification — and the First Amendment.
NEW: Nikki Haley asserts that allowing people to post on social media anonymously is a "national security threat". She promises that as president, she will force "every person on social media" to be "verified by their name."
I am no lawyer but isn't this blatantly
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@JRubinBlogger
@gtconway3d
Preenforcement challenges are common, especially in the First Amendment context. She had standing because the state threatened that if she did x, it would punish her. That’s more than enough to chill her expressive rights, creating a case or controversy.
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It finally hit me that our cases will be argued this Monday. At the Supreme Court. My favorite institution. On my 31st birthday. And I’ll be giving my first press conference.
Such a surge of adrenaline I thought about going for a run. But then came to my senses.
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I'm not a fan of resting arguments on "lived experiences" or identity. But as a gay First Amendment advocate, here's how that "intersectionality" plays out for me:
(1) Discrimination is repugnant. We are all created equal; we all deserve—and are entitled to—equal protection
@ChrisMarchese9
@ToellNemesis
Are you happy be discriminated against because you’re gay? Are you concerned that conservatives want to overturn Lawrence and recriminalize gay sex? Are you concerned that conservatives want to to do away with gay marriage?
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At some point society should probably reckon with the fact that widespread emotional immaturity and unmet emotional needs are causing adults to react to political and legal disagreements like children.
Words are not violence. But if you’ve never been modeled healthy
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The coolest professor and most gracious man I’ve ever met. He gave our class a tour of the Supreme Court and even let us peak behind the bench. Then he took photos with each of us.
#CTLive
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Well-deserved win by
@TheFIREorg
— NY’s “hateful conduct” social media law enjoined for likely violating the First Amendment.
Fed. judge holds that New York's law requiring social media sites to publish a complaint and response policy for hate speech (which the state calls "hateful conduct", heh) likely violates the First Amendment.
Preliminary injunction granted.
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Justice Scalia is an icon. Reading his opinions in undergrad classes sealed the deal on going to law school. But while some of his rhetoric in Romer, Lawrence, & Obergefell distracts from his well-reasoned dissents, my top beef with him is his concurrence in Gonzalez v. Raich.
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One under-appreciated benefit of free speech is that it reveals people’s true character and actual beliefs, helping others know who’s morally rotten and how pervasive the rot is. We already know
@nycDSA
is morally bankrupt; hope we also find out that its cause isn’t widely shared
The NYC-DSA is planning to hold a rally tomorrow, glorifying the terrorism of Hamas as “resistance.” Never mind the hundreds of Israeli civilians and children who have been murdered, wounded, abducted, and terrorized. Their lives mean nothing to the DSA. Nothing.
The NYC-DSA is
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Criticism of FB’s decision is mind blowing:
1) Australia says: FB, you must pay for shared links to certain news websites bc you benefit and they don’t
2) FB says: we disagree but alright we’ll stop
3) AU and critics scream: how dare you, FB, you’re hurting the news
WHAT!?
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In an unanimous opinion by Justice Thomas, and a per curium (unsigned) opinion, the Supreme Court refused to gut Section 230.
Huge win for online speech!
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I can’t emphasize this enough: I love the First Amendment. But boy oh boy it’s disgusting smears like this, from awful people like him, that put me *this close* to opposing NYT v. Sullivan—would love for CJ Roberts to destroy this turd. But principles & greater good >.
A bit more on CJ John Roberts.
I have publicly accused him & Justice Breyer of being profane anti-Trumpers.
I have linked Roberts to illegal adoption, Jeffrey Epstein, pedophilia & prior knowledge of Scalia’s death.
Did Roberts skip class on defamation?
Maybe not . . .
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This is quite silly. Each court independently found standing. But if you accept the below, then it’s time to overturn Wickard v. Filburn — a contrived test case to (successfully) expand Congress’s power.
And how about the misleading events that led to Lawrence v. Texas?
If this were a normal court, with real judges in the majority, it would take seriously the news that this was a fraudulent case and would vacate its opinion and direct the imposition of sanctions on the lawyers who hacked the legal system and perpetrated this hoax.
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Thank God for social media. Without this app I literally would’ve had no idea what was happening — my building didn’t send notice that we should shelter in place until after the suspect was caught, nearly 2.5 hours after we were evacuated. Unbelievable.
“Sir, this isn’t a fire alarm but an active shooter situation; get outside now” was not how I expected my Thursday to start.
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Turns out: Senator Klobuchar spent the last few months negotiating crony capitalist carve outs—not actual improvements.
Nothing says “my legislation is for the public good” like constantly changing its scope to exempt favored industries. 🙃
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@bariweiss
@RandyEBarnett
@ProfDBernstein
I watched this morning and teared up. I didn’t realize just how much I needed to hear from someone on the left stand up for American values and to say all the quiet parts out loud and with moral clarity. Thank you for restoring my optimism,
@bariweiss
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NetChoice is in the news a lot. But many don't know our story. Today,
@BLaw
&
@Bloomberg
released a profile on us (linked below), giving a taste of our secret sauce. Here's what you should know (with juicy additions you won't want to miss):
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As we’ve been saying for a year: the left’s “antitrust reform” against “Big Tech” is merely a Trojan horse for progressive bureaucrats to reshape the economy (and even society!) in their preferred image. Republicans, stop helping them!
Psaki says the Biden administration would support "reforming Section 230, enacting anti-trust reforms," and "requiring more transparency" on social media in order to combat COVID-19 misinformation
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Three well-known and well-respected conservative judges agreed with us on the First Amendment. To the district court’s naysayers: that you care so much about a judge’s political orientation says far more about you.
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Arkansas tried raising the internet's price of admission to include minors and adults forking over their private information to third parties. We sued. Today, a court granted our injunction.
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Another day, another successful injunction: California's Age-Appropriate Design Code, meet the Constitution's First Amendment! Big thanks to all amici who filed and big congratulations to our killer legal team at
@DWTLaw
(cc:
@adamssieff
)
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EARN IT Update: just got word that it may be hotlined. Now would be a good time to register (again) your disapproval, especially to ML Schumer, who has to consent to hotlining. The bill shouldn’t be rushed through right before recess.
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Hey,
@HealthNYGov
-- what's the deal? Your eligibility form says my grandma is eligible and yet all the providers are either booked, not actually offering the vaccine, or have booking websites that don't work, incl. the state's own page for Jones Beach.....
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Senator Blumenthal going after tech for being ... too friendly to conservatives? And Senator Graham claiming tech's biased against conservatives? And we wonder why content moderation is so hard. Uh
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62 senators support an online censorship regime masquerading as a child safety measure. The First Amendment has much to say about this.
We now have a total of 62 co-sponsors—Democrats & Republicans—for the Kids Online Safety Act. This overwhelming bipartisan support mirrors the powerful calls from young people & parents who want Congress to take action & finally hold Big Tech accountable.
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I went to
@georgemasonlaw
because it offers an excellent legal education and because it made financial sense. Interestingly, I've experienced more hate from you in this thread than I ever did in my 3 years at Scalia Law. Not once was I treated poorly there.
@ChrisMarchese9
And you want to Scalia law School? Why would you go to a law school named after a person who hated gay people? How pathetic that a gay man would support discrimination against gay people. Gay Republicans are the worst- desperate for the approval of the people who hate them.
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Well,
@DickDurbin
, your tweet is itself misinformation. But thankfully the First Amendment protects against similarly misinformed government officials punishing you for it. (Imagine the chilling effect on Congress otherwise; now imagine the effect on average Americans. Awful!)
Free speech does not include spreading misinformation to downplay political violence.
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Thankfully, Senator
@RonWyden
put a hold on EARN IT so it can’t be jammed thru before recess. But he can’t defeat the bill alone. His statement, entered into the congressional record, is worth a read and a forward to other senators.
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Today's bittersweet—my brilliant, offbeat colleague, close friend, and sense-of-humor soulmate,
@nsaadbembridge
, is leaving for a federal clerkship. She's extraordinary and has made an incredible impact on the law. This thread doesn't do her justice, but to set the scene:
Today is my last day at
@NetChoice
.
I couldn't be prouder of what we accomplished in the last two years, nor more grateful for my colleagues-turned-friends (special att’n:
@ChrisMarchese9
and
@Paul_Taske
)!
Looking forward to starting a clerkship at the end of summer.
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Many Dems argue that prosecutors sometimes abuse their discretion because of politics. And yet House Dems want to make antitrust law more subjective & more attuned to politics. You really want AG Barr to have the power to target disfavored biz like weed dispensaries?
#antitrust
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From the halls of Congress to the dean of student’s office,
@TheFIREorg
’s work to protect and promote free speech is needed more than ever.
FIRE is the most principled, nonpartisan free-speech org in our country. I’ll be donating, and if you’re able, you should too.
We at
@TheFIREorg
are amidst a big, 3-year $75 million expansion into off-campus free speech advocacy.
As we end year one, we could use your support.
Donations are appreciated, but so are public words of support — particularly if you have a large following on this website.
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#MajorAnnouncement
NetChoice now has a Litigation Center—a long-term investment in our fight to protect online free speech and free enterprise in the courts.
Check out this great overview of the center by
@Cat_Zakrzewski
in WaPo:
#MajorAnnouncement
NetChoice now has 4 pending lawsuits. In related news, I need more caffeine.
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Conservatives criticizing Section 230: be careful what you wish for. If
@Twitter
could be held liable for the president’s potentially libelous tweets, it stands to reason that the company would become risk-adverse. That hurts us more than it hurts the Democrats, who have the MSM.
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We need FedSoc for undergrad professors. Conservatives have long known that ideas have consequences. The pro-terrorism protests on campuses give us a taste of those consequences. It’s time we force our ideas—like Weaver’s Ideas Have Consequences—back into the arena.
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I’m tired of this batshit idea. Content neutrality is nonsense. Respect free speech and private property. As a basic democratic matter, we all answer to the Constitution. Don’t like the First Amendment? Then go Art. V and change it. Otherwise, be serious and take the blinders off
As a basic democratic matter, as a matter of popular sovereignty, states must have the power to pass nondiscrimination laws, rules that malls have to allow pamphleteering of those they disagree with.
Or rules that social media companies must be content and viewpoint neutral. 1/3
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Oh my. The federal government is really, really committed to throwing away America's edge in tech. You know bureaucrats in Canada, Singapore, South Korea, and China are watching with smiles on their faces right now. (The EU, meanwhile, is mad the U.S. is copying its approach.)
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Arris gave no guidance to residents about how to keep ourselves safe moving forward. So I asked leasing what to do—a doofus didn’t like my tone when I asked for specifics and called the police. They obviously took no action. But now I’m on a mission, so congratulations Arris.
“Sir, this isn’t a fire alarm but an active shooter situation; get outside now” was not how I expected my Thursday to start.
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SG just filed its thoughts on our cases—agrees cert should be granted for both cases; agrees Texas' and Florida's regulations of content moderation violate the 1A; agrees some "transparency" req's also violate 1A.
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European lawmakers taunting
@Twitter
and
@elonmusk
with regulatory retaliation for fighting the EU’s censorship regime is incredibly gross.
Their American counterparts want to/are doing the same here.
Thank God for our First Amendment and Section 230.
Twitter leaves EU voluntary Code of Practice against disinformation.
But obligations remain. You can run but you can’t hide.
Beyond voluntary commitments, fighting disinformation will be legal obligation under
#DSA
as of August 25.
Our teams will be ready for enforcement.
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Gotta give the government credit: its creativity in narrowly defining markets is unmatched! Facebook doesn't compete against YouTube? Yeah, okay.
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#MajorAnnouncement
NetChoice now has 4 pending lawsuits. In related news, I need more caffeine.
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Incredibly proud of all the work
@NetChoice
does—from advocating in the court of public opinion, to testifying before lawmakers, to winning in the courtroom, the fight to protect digital liberty and online freedom never stops!
NetChoice Sues Ohio to Protect the First Amendment, Privacy and Families Online
COLUMBUS, Ohio—Technological innovation and entrepreneurialism have empowered Ohioans to expand their businesses, increase their learning opportunities and explore their own creativity.
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Well, I’m 30, single, and with a job I love. Falling in love in my 20s—and navigating all that that entails—helped my career by, among other things, forcing me to communicate better. And my career has stopped me from settling.
So hot take: just do you—live, learn, repeat.
Hot take:
Don’t fall in love from 22-29, there’s to much to lose.
Your career will thank you.
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Until Europe has a First Amendment and cultivates respect for innovation, it’ll just keep getting poorer—materially, culturally, even spiritually.
America will stay rich so long as it respects freedom and the creativity and innovation it unleashes.
This America vs. Europe wealth debate resurfaces every few months and I feel compelled to give the final judgment, since I am actually the most qualified person to judge, since I have actually lived in both extensively:
America and Europe are roughly equally as wealthy overall.
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My love of admin law history stems directly from
@jennmascott
’s classes and scholarship. And
@georgemasonlaw
’s heavy emphasis on learning the Constitution’s structure.
Another selling point, in addition to the
@nytimes
’s free ad yesterday.
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If the Klobuchar antitrust bill is so great for consumers, why isn’t the Senate Antitrust Subcommittee holding hearings on the bill’s actual text? Maybe it’s bc they don’t want the public to know the bill will destroy things like free 2-day shipping!
A little sunshine would expose the dark consequences of Klobuchar's antitrust bill.
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As
@AsheeshKAgarwal
said on a
@NetChoice
panel today: if you want antitrust to pursue socially just ends, go after arbitrary occupational licensing and regulatory roadblocks that protect incumbents from new competitors — see, e.g., Wisconsin’s licensed bakers v 15-yo entrepreneur
The Wisconsin Bakers Association sent a legal threat to a 15-year-old baker selling macarons on facebook.
State law permits selling flour-based items, but they say the girl’s macrons are illegal because some included heavy cream and egg nog. 🤔
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For those asking about
#HB20
and
#NetChoicevPaxton
here's what we know (or think we know) so far:
1) Judges Jones, Oldham, & Soutwick heard oral arguments in our case on Monday.
2a) In an unprecedented, unexplained move, they split 2-1 and lifted the injunction on HB 20.
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This is why we need a non-delegation doctrine with some teeth. Fingers crossed Justice Gorsuch’s Gundy dissent is adopted one day.
WH Press Secretary Psaki says the benefit of legislation over exec action is leg "makes it permanent." Legislation that can be amended or repealed makes nothing permanent. If Psaki doesn't get that Congress alone has authority to legislate, the courts will have to show her.
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@sushyness
@JRubinBlogger
@gtconway3d
Laws can be—and often are—enjoined before they even take effect! Here, the law was in effect *and* the state stipulated that it would enforce it against her for exercising her First Amendment rights. That’s enough for standing.
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When do we get to important stuff like their views on Chevron, the unitary executive, and the nondelegation doctrine?
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Well, rest assured I'll never forget my first encounter with the Fifth Circuit Court of Appeals. What a doozy of a week—and it's only Wednesday.
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6) We're assessing our next steps, but obviously we're going to appeal the decision.
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Had
@amyklobuchar
's Sec. 230 reform bill been the law in Mar-Apr. 2020, platforms could've been liable for hosting content that promoted masks. Why? Because at that point the gov't said masks weren't necessary & her bill lets the gov't decide what's "health misinformation."
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I agree. So, too, the courts. See, e.g., NetChoice v. Bonta; NetChoice v. Griffin; NetChoice v. Yost; see also Utah's rush to legislatively moot NetChoice v. Reyes.
.
@BedoyaFTC
says "absolutely not" to the approaches states like Florida and Utah are taking by limiting teen access to social media. He said he has trouble seeing how it would stand up to 1A challenges
#SOTN2024
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Thank you,
@reddit_AMA
! We're so grateful for your support and for the support of hundreds of amici who filed amicus briefs defending online speech & the 1st Amendment. The 1st Amendment needs as many defenders as it can get!
Oral arguments for the Netchoice case will take place tomorrow. This is a case where the mods of /r/law and /r/scotus submitted an amicus. Come join us to listen in and discuss. Good luck tomorrow
@NetChoice
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@mjs_DC
HB 20 purports to prohibit the platforms from refusing service to Texans — we raised this clear Dormant Commerce Clause argument with the Court, but unfortunately it seems to have been overlooked.
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Many court decisions would suggest that California’s government does not in fact believe in free speech.
Welcome to the freedom state,
@GOP
.
We believe in these crazy things here called:
- Free speech
- Gun safety
- Healthcare
- Social Security
- Climate change
oh... and... democracy.
See you tonight.
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Standing up for the Constitution is never misguided. The First Amendment and the Constitution are very much opposed to the government banning entire forms of expression. We didn’t ban the Soviet’s Pravda news service during the Cold War. And that certainly had a closer connection
The First Amendment and the Constitution at large are agnostic to banning TikTok. The decision whether to do so should be made based on national security policy considerations, not misguided constitutional concerns.
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This is a must read for Sec 230’s supporters and its detractors. The law protects small- and medium-sized platforms too! Some great examples.
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Just to clarify, I find all of Wood’s smears and innuendo awful. But going after the Chief Justice’s children — well, that makes my blood boil the most. Decency is out of style, I get it. But the new lows some people sink to still shock me.
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Spotted: Ramona Singer (Real Housewife) just crashed
@techpolicyinst
’s panel on broadband/the FCC in Aspen. 😂😂😂
#TPIAspen2021
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@ElleJustElle_
@JRubinBlogger
@gtconway3d
I’m having a hard time understanding this argument. Can you point to me in the opinion where standing came down to the document and not the stipulated facts?
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It’s almost as if Australia wasn’t acting in good faith and is pissed FB didn’t just go along with its crony capitalist plan. And as if American critics are pissed that FB is showing that, uh, well, ideas do have consequences — even ones progressives like but the public hates!
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To clarify: I know NY has limited supply. My beef is that NY has said, if you want a shot, all you have to do is call & book an appt. That's not true. No one knows what's happening; systems aren't working. How are elderly, esp. those without computers, supposed to do this??
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Can't emphasize this enough: If you're a conservative angry at "Big Tech," antitrust reform isn't going to promote or protect free speech online; it'll just make the internet and digital services worse.
#StopAICOA
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Under KOSA, Americans would need to verify their ages and identities through, e.g., uploading gov't-issued ID, facial recognition, and other intrusive methods. Without doubt, such a requirement would put Americans at further risk of cybercrimes and security threats like below:
It goes without saying that foreign governments shouldn't be able to hack into the email accounts of U.S. government officials. I'm demanding the federal government investigate how Microsoft’s neglect of cybersecurity enabled this Chinese spying campaign.
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Let’s be clear: the left hates Amazon Prime because the left hates intense competition—counterintuitive as it is, progressives love the past.
Amazon’s raised the bar—we expect more for less—and the market’s better overall. But the left hates actual competition and change.
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Like I said the last time Congress considered EARN IT: When the
@ACLU
and
@AFPhq
publicly agree that a bill is harmful, that's a good indicator the bill is harmful.
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In other words: hold their revenue streams hostage; raise prices and lower quality for consumers (advertisers & publishers); & return to ads that are both *annoying & irrelevant* to me. Woof
Sen. Josh Hawley is preparing legislation that could require major online platforms like Google and Facebook to stop selling certain targeted ads to keep key legal protections
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The UK pioneered age-gating the Internet; California copied. We sued.
While I’m all for Prince Harry and the Duchess of Sussex calling America home, some things just shouldn’t cross the Atlantic.
God bless our First Amendment.
Amicus brief just filed in
@NetChoice
v. Bonta (challenge to unlawful California law regulating internet to “protect” kids) has a royal amicus 👑. We represent an amicus on NerChoice’s side. I didn’t expect the Duke, but he has criticized our First Amend.. so it tracks.
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Efforts to regulate the internet aren't new. Doing so under the cloak of "children's privacy" also isn't new. But California's Age-Appropriate Design Code—an import from the United Kingdom that age-gates the internet for all users—is the first-of-its-kind law in the United
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Spoiler: it won’t. But it will give the gov’t and its lawyers something to brag about for the coming decade or more. See, e.g., the Microsoft case.
How would it help the consumer if Facebook were broken up into smaller companies?
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Senator Lee is right: the EARN IT Act allows "the most aggressive states" to create a national backdoor to encryption. If Congress wants to end encryption, then it should vote explicitly on that, so that voters can hold officials responsible for putting us all at risk.
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Excited to join the ABA's Antitrust Law Section to discuss California's censorship-by-proxy regulatory regime for online speech & other misguided state invasion-of-privacy laws. Catch the panel at:
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I laugh when critics dismiss my arguments on the basis that I work for a tech trade association because the joke’s on them: I get paid to advance policies I already support and to advocate for principles I already hold near and dear. Their opposition created a market for me!
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We'll have a full statement soon. But it's worth noting the unprecedented nature of this: The 5th Circuit, in a 2-1 split, ruled for Texas without issuing a written opinion. Given the stakes, we'll absolutely be appealing. HB 20 is unconstitutional through and through.
5th Circuit lifts stay, allows enforcement of Texas social media law. Court hasn't spelled out reasoning yet. Not yet clear whether
@NetChoice
and
@ccianet
will seek immediate review
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Y’all, just finished testifying in Arkansas against a social media bill that was expected to pass with flying colors. But it failed by one vote!
To be sure, it’s gonna pass once the full committee convenes again. But what a rush to be the only one testifying against it today
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Breaking: NetChoice sues Arkansas over SB 396 (age verification) for violating the First Amendment (and more).
@Paul_Taske
has a great summary below:
Today,
@NetChoice
filed suit against Arkansas. We’re challenging SB 396—the State’s social media age-verification law. As our complaint details, SB 396 is rife with constitutional problems, including 1A, due process, preemption & Dormant Commerce Clause violations. 🧵 1/
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The FTC basically defined Amazon’s market as Amazon. As the great article below points out, Amazon’s competition is ridiculously stiff—Walmart, Costco, Target, Shopify, Home Depot, and every other retailer competes against Amazon. It’s one reason Amazon invests so much in R&D.
Amazon is not just competing against other online retailers. They face completion from brick and mortar outlets as well as hybrid models. Narrowly defining “e-commerce” is a naive and misguided approach. Newest from Max Gulker at
@ReasonFdn
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The FTC is not a co-equal branch of government. Nor is it under presidential control. So it’s entirely appropriate for Congress to exercise oversight as it sees fit.
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4) What that means is ... unclear. Covered businesses must confer with their legal teams and spend a ridiculous amount of time discerning what's what in this uncharted territory.
5) It has no effect on our 11th Circuit case; SB 7072 remains fully enjoined in Florida.
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Q1) What do Yahoo! Search, Blockbuster, AOL, MySpace, Kodak, Nokia, & Netflix all have in common?
a) once thought to be monopolies
b) once thought to need breaking up
c) once thought to harm innovation
d) all of the above
Ans) D. Same is true of Apple, Amazon, Google, & FB
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Always grateful for
@TheFIREorg
’s indispensable work in protecting free speech. You can bet the Supreme Court (and everyone else) will take its brief seriously.
FIRE looks forward to weighing in with the Supreme Court on these important questions.
As we’ve said: “Solutions that reduce the scope and power of the First Amendment are likely to be no solutions at all, and their effects will almost certainly reverberate beyond social media.”
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Dad, reading the newspaper, just asked, “what’s all this FTC noise about?” But after seeing my body tense up and face contort, retracted: “if it’ll take longer than a minute to explain, never mind.”
“Funnily enough, that’s the FTC’s approach to understanding issues too.”
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2b) It's unprecedented because the panel issued no written explanation, and gave us no time to seek relief. Ordinarily, they'd write an opinion and we'd have at least 10 days to appeal.
3) Instead, HB 20 is now fully in effect.
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