Opinion by Paul Waldman: Absurd Texas social media law shows how GOP debases the courts
of the federal appeals courts. But no judge with even a passing familiarity with the Constitution should have done what that panel did: eliminate the stay and allow the law to take effect., by making it almost impossible for the platforms to moderate content, this law “would effectively turn every single major social media platform into 4chan — a cesspool of racial slurs, misogyny, and targeted harassment that the platforms would be powerless to control.”.
Even this Supreme Court with its conservative supermajority would be likely to strike down the Texas law. While Justice Clarence Thomas hasin seeing social media platforms regulated as “common carriers” like phone companies, which aren’t allowed to say who can and can’t use their service, he doesn’t appear to have allies on the court for that view.
But that doesn’t really matter. This isn’t a case in which conservatives have well-thought-out opinions about the policy questions involved. You can see it in the spectacularly shallow way Republicans in Congress, which makes clear that they have almost no interest in constructing a new regulatory regime.
For all the areas in which conservatives are achieving big goals, in this case all they want is to go on Fox News and shout that Twitter is oppressing them. Winning is not the point. As long as they’re fighting and complaining, they’re getting their way.
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