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When “Jawboning” Creates Private Liability
June 21, 2022, 8:55 p.m. | David Greene
Deeplinks www.eff.org
A (Very) Narrow Path to Holding Social Media Companies Legally Liable for Collaborating with Government in Content Moderation
For the last several years we have seen numerous arguments that social media platforms are "state actors" that “must carry” all user speech. According to this argument, they are legally required to publish all user speech and treat it equally. Under U.S. law, this is almost always incorrect. The First Amendment generally requires only governments to honor free speech rights and protects …
free speech government social media blocking legal analysis liability
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