The 5th Circuit got it wrong in Texas social media case | Commentary
The Supreme Court reasoned, “The clear implication has been that any such a compulsion to publish that which ‘reason tells them should not be published’ is unconstitutional.”by trade groups that warn it would prevent platforms from removing extremism and hate speech.When justices shun precedent in favor of political ideology, they are acting as super-legislators, wielding power to both interpret existing law and enact de facto revisions to it. This is the last thing we need.
The 5th Circuit’s decision is at odds with our free-expression tradition. It also clashes with the 11th Circuit’s recentFlorida asked the Supreme Court to review the 11th Circuit’s decision last week, and justices will almost certainly take up the cases and resolve the conflicting rulings. The 5th Circuit likely knew it was eschewing its duties. A court that is confident in a well-grounded decision doesn’t take 113 pages to make its case. Neither does it release the decision on a Friday afternoon.
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