Can the US regulate Twitter moderation?

American Supreme Court judge produced a survey on how to regulate moderation on Twitter and not harm fundamental individual rights

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The blockades of the former president’s social networks Donald Trump it’s still giving us something to talk about in the USA. This Monday, Clarence Thomas, a US Supreme Court judge, presented a proposal to regulate moderation in the Twitter after responding to a petition. For the time being, no American parliamentarian has spoken out on the topic.

Judge Thomas’ response is related to a request made by an institute linked to Columbia University. The lawsuit defends the thesis that Trump violated the First Amendment (on individual fundamental rights) by blocking critics of his management on Twitter.

Before reaching the Supreme Court, a federal court had already ruled in favor of the entity in 2019. At the time, White House representatives filed an appeal with the Supreme Court. This year, Joe Biden withdrew the challenge, but as the appeal had already been requested by Trump, the Court had a duty to respond to previous management.

In other words, in practice, the appeal had no legal value. So Judge Thomas, who is conservative, took the opportunity to ponder several questions related to the responses on Twitter, especially in the company’s decision to ban Trump. And he cited other bans, such as Facebook.

Public nature

Over the course of 12 pages, Thomas presents a detailed case of how lawmakers can restrict moderation of the platform without violating the First Amendment, using common carrier designations and English common law rules around the right to exclude customers from public accommodations.

One of the important points of Thomas’ appeal is the argument that lawmakers could use the public nature of Twitter to justify a moderation rule.

It is not the first time that Thomas has used a technology-related petition as an opportunity to ask for social media regulation. In October, Thomas made a similar call to reduce the protections offered by Section 230, in a similar motion denying a petition to hear a case of malware.

With information from The Verge


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