5th Circuit Rewrites A Century Of 1st Amendment Law To Argue Internet Companies Have No Right To Moderate

Contributing sentiments towards policy:

64% : The First Amendment, though, is not withdrawn from speech just because speakers are using their available platforms unfairly or when the speech is offensive.
59% : Congress's judgment reinforces our conclusion that the Platforms' censorship is not speech under the First Amendment.
57% : My colleague suggests that "Congress's judgment" as expressed in 47 U.S.C. § 230 "reinforces our conclusion that the Platforms' censorship is not speech under the First Amendment."
49% : The majority no doubt could create an image for the First Amendment better than what I just verbalized, but the description would have to be similar.
48% : In any case, as Congressman Cox put it, "because content moderation is a form of editorial speech, the First Amendment more fully protects it beyond the specific safeguards enumerated in § 230(c)(2)."
46% : Second, it completely breezes past Justice Kavanaugh's ruling in the Halleck case, which clearly established that under the First Amendment a "private entity may thus exercise editorial discretion over the speech and speakers in the forum."
46% : The frame must be large enough to fit the wide-ranging, free-wheeling, unlimited variety of expression -- ranging from the perfectly fair and reasonable to the impossibly biased and outrageous -- that is the picture of the First Amendment as envisioned by those who designed the initial amendments to the Constitution.
45% : The First Amendment, though, is what protects the curating, moderating, or whatever else we call the Platforms' interaction with what others are trying to say.
45% : The First Amendment bars the restraints.

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