Re:Section 230: Mend it, don’t end it (2020)
by tptacek on Wednesday November 02, 2022 @03:54PM
(#33442027)
Repeating something I said downthread: being a General Counsel for a VC firm or a company has very little to do with Constitutional Law or First Amendment law or, really, even defamation (which is something that does come up in companies). If the GC of a typical company has to deal with a defamation suit, they retain outside counsel to do it, because the law is hyperspecialized.
First Amendment Twitter runs a cottage industry of dunks on well-regarded lawyers saying stupid things about 1A jurisprudence. I'm not a lawyer, but I follow 1A Twitter, and I think this would qualify; for instance: the "incitement" section refers to "clear and present danger", which is the Schenck standard, which was famously overturned by Brandenburg. My understanding is that this, to 1A law, is about as fundamental as knowing the difference between a hash table and a tree is to a software developer.
First Amendment Twitter runs a cottage industry of dunks on well-regarded lawyers saying stupid things about 1A jurisprudence. I'm not a lawyer, but I follow 1A Twitter, and I think this would qualify; for instance: the "incitement" section refers to "clear and present danger", which is the Schenck standard, which was famously overturned by Brandenburg. My understanding is that this, to 1A law, is about as fundamental as knowing the difference between a hash table and a tree is to a software developer.