Lawsuits challenging a censorship action or account suspension relating to censorship should be granted an exception to the otherwise binding arbitration agreement.
The purpose of this would be to deter ad hoc political censorship, and to instead encourage these companies to move towards a more procedure driven censorship system in which they simply respond to court orders and leave everything else up. So, for example, if I sued the John Doe operating this account for copyright infringement or if a law enforcement agency won a court order to get the account taken down for posting illegal pornography, that's fine, that's how things are supposed to work.
If instead the service is just arbitrarily censoring people, they have to keep strict records of their work products and produce those records in discovery. The companies would also have a hard time deflecting responsibility onto individual censors because almost anything that they could possibly do would be within the scope of their employment.
Yes, this would make what most of these companies do with their censorship teams economically impractical. That's the point.
It is hard to classify censorship as speech for a site that it is all about user-content.
Any amendment written before slavery was abolished probably had a rather flexible view on the whole "people" issue. If an African American can be property then a corporation can be a person.
I made one comment on this and that makes me obsessed?
> This discussion has nothing to do with race.
The claim was that it applied to people, I merely mentioned that what the law considers people is a rather flexible thing.
The food safety labels is an interesting point, but I'm not even talking about gov regulations here. Just, let's say Twitter deletes your post. What do you sue them for?
The 1a allows twitters employees to express themselves as they wish, even through the company, so their removal of your post is simply their own protected expression.
https://www.mtsu.edu/first-amendment/article/900/commercial-...
I understand that some people don't like this situation but that is the reality of US federal law today. It won't change without a Constitutional amendment, or a major realignment of the Supreme Court.
Only a nonprofit out-of-reach of any particular governments' jurisdiction can remain neutral, but they also need minimal, clear, healthy, and conscientious moderation to not be springboards for harmful activities.