Speech Accommodation Theory
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Thomas appears to have waded into the fever swamps of right-wing paranoia and come out with the conviction that courts and Congress must bring Big Tech to heel by jettisoning basic constitutional principles. While he was president, multiple users sued him for Speech Accommodation Theory them; Speech Accommodation Theory federal appeals court held that his actions violated the First Amendment because they constituted viewpoint discrimination in a public forum.
Trump appealed, but the Supreme Court sat on the Theofy until he left office. Now that Joe Biden is president, the justices have declared the case moot. But Thomas does not seem interested in antitrust. But they have all failed because the First Amendment applies only to the government, not to private actors.
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By definition, then, Facebook, et al. Moreover, social media companies themselves hold First Amendment rights, including the right to disassociate with expression they do not wish to host. Or so virtually every mainstream legal commentator thought. Before Monday, it was safe to laugh off the legal assault on content moderation as a fringe fantasy pushed by conservative cranks and grifters who want to string along their Big Tech—hating donors with Speech Accommodation Theory delusion of turning every social media platform into Parler or 8chan by court order.
Concepts in Communication Accommodation Theory
After Monday, however, the threat feels a lot more real, because this coterie now has a Supreme Court justice on its side. Anderson and Thomas are friends. The government can bar these businesses from discriminating against customers. But in an especially zany aside, Thomas suggests that users may be able to Speech Accommodation Theory content moderation right now through the courts.
This section of the opinion verges on incoherence, but Thomas seems to think that users could sue the government for pressuring social media companies to remove certain speech. To support this proposition, Thomas cited a blog post. His exceptionally silly critique marks the second time the justice has taken aim at Section What should we read article of this mess?
To my mind, there are three notable ironies and one alarming takeaway. Start with the ironies. First, Thomas has long argued that corporations have a First Amendment right to spend unlimited sums of money both electioneering and funneling cash to candidates. Alone among the justices, he has insisted that corporations have a right to do all this in secret, free from disclosure requirements. Now, however, Thomas claims that certain corporations—namely, those he dislikes—have Accommodatino or no right to engage in free speech activity that lies Speech Accommodation Theory the heart of the First Amendment: disassociating with expression they do not support.
Features of Communication Accommodation Theory
Less than three years ago, Thomas believed this freedom Accoommodation compelled Speech Accommodation Theory was so important that it justified overturning year-old precedent and invalidating laws in nearly half the states. Now he tosses it to the side because he hates Mark Zuckerberg. Yet, according to Thomas, baking a cake receives robust First Amendment protections while choosing which speech you will express on your own platform does not. Does Thomas want to seize the means of production?
Thomas is almost certainly alone among the justices in his extreme beliefs; even if a few other conservatives are sympathetic to his battle cry, they are not going to burn up political capital on such a hypocritical lost cause.]
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