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Re:Officials Don't Get to Choose Who Gets to Receive, Commen... by jquery on Saturday December 02, 2017 @04:55PM (#15834341)
I'm not sure we have decent case law for the situation we're in now... the speech of Americans is largely controlled by a few entities that have the power to silence your speech almost completely, at least in the ways that speech is used today.
Re:Officials Don't Get to Choose Who Gets to Receive, Commen... by icebraining on Saturday December 02, 2017 @06:40PM (#15834990)
I don't think you understand how case law works. Unless you're making an argument for full legal instrumentalism(?)
Re:Officials Don't Get to Choose Who Gets to Receive, Commen... by jquery on Saturday December 02, 2017 @08:35PM (#15835501)
I just don't think a mall and Twitter/Facebook are particularly comparable. They have some things in common, but they differ in large, important ways. If every mall in the US was actually the very same mall, and getting banned from one got you banned from all malls, and malls could shadowban you, and the President typically communicated via malls, and malls were the primary way in which society spoke to each other... and on and on.

Then again IANAL, so I definitely don't understand how case law works. Just using common sense here. All I see in common between malls and Twitter/FB is they are both private property and speech is involved. There's a chasm beyond that.

Re:Officials Don't Get to Choose Who Gets to Receive, Commen... by icebraining on Sunday December 03, 2017 @05:28AM (#15836961)
Fair enough, but the courts don't simply say Yea or Nay, they explain why the First Amendment doesn't apply to malls, and the reasons are valid for Twitter too. By the way, IANAL either, but rayiner is :)