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Marycat2021's avatar

Jesus Christ, just delete your precious Twitter accounts already.

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SoTiredofWinning's avatar

The “libertarian“ judicial philosophy that is currently in force regarding free speech is being stress tested to the maximum.

Many of those with law degrees, or donors to the ACLU, or free-speech fundamentalists of whatever stripe, like to take pride in their sophisticated and nuanced understanding of the American concept of “free speech“.

But when the founders wrote the first amendment, and when Brandeis wrote his opinions, and other justices wrote related opinions up until about 30 years ago, the Internet did not exist, or at least it was not nearly as popular and ubiquitous as it has become, and in particular social media applications.

Just as an AR-15 in every home is a very different world than a musket in every frontier cabin, the digital revolution in communications has created a completely different world than the one that existed when the first amendment was written and judicial opinions regarding free speech were articulated in the following two centuries.

We are living in the world that these communications revolutions have created, whether it’s the saturation of cable TV and radio with right-wing hate-filled propaganda, or the viral proliferation of like-minded right wing authoritarian groups on social media platforms, collaborating on projects like the January 6 insurrection, or the militia groups planning to kidnap Michigan’s governor, or the perhaps not-quite-clinically-insane Mr. Depape invading and attacking Paul Pelosi in his home in the dead of night after marinating in this bile for years.

It’s a free-for-all, and the hateful and heavily armed people are causing a lot of havoc. So I’m not entirely sure that the current laws in force springing from historical judicial interpretations of free speech are ones that are going to work in the coming decades.

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