Post AR2Nex4c5UmGVUVzvs by ariherzog@better.boston
 (DIR) More posts by ariherzog@better.boston
 (DIR) Post #AR2NeurmIFK1f6UieG by jkosseff@mastodon.social
       2022-12-27T03:08:17Z
       
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       Regarding the Twitter files and, in particular, White House and FBI flagging content/users. When it rises to a 1A violation depends on whether the government used coercion. And what coercion is from a legal standpoint is not always clearcut, particularly due to a somewhat inconsistent line of cases that Genevieve Lakier nicely summarizes here. https://www.lawfareblog.com/informal-government-coercion-and-problem-jawboning
       
 (DIR) Post #AR2NevLuUDQPAYamcC by jkosseff@mastodon.social
       2022-12-27T03:13:34Z
       
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       Everyone should worry if a government official uses the power of federal law enforcement or regulation to coerce a platform to take down speech. At the same time, the government can be a participant in the speech marketplace (including criticizing people). The problem is that we have very blurry lines as to what is acceptable. While more modern 1A lines will emerge with caselaw, this also is something where statutes could play a role in bringing clarity.
       
 (DIR) Post #AR2Nevoyk8g2ciBzvM by jkosseff@mastodon.social
       2022-12-27T03:57:21Z
       
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       One of the strongest potential cases of jawboning comes not from anything we’ve seen in the Twitter files, but from the public statements of some members of Congress over the past few years, threatening to change/repeal 230 unless platforms change how they moderate constitutionally protected speech.
       
 (DIR) Post #AR2NewIkxQUq747mL2 by jkosseff@mastodon.social
       2022-12-27T04:00:25Z
       
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       This press release and bill, when accompanied by the senators’ complaints about the disinformatiom dozen, are not great. https://www.klobuchar.senate.gov/public/index.cfm/2021/7/klobuchar-luj-n-introduce-legislation-to-hold-digital-platforms-accountable-for-vaccine-and-other-health-related-misinformation
       
 (DIR) Post #AR2NewidPDCFPKERfs by jkosseff@mastodon.social
       2022-12-27T13:31:56Z
       
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       I’m still getting used to Mastodon, but so far the quality of conversation is impressive. The responses in this thread are more thoughtful and nuanced than I have seen on Twitter in the past few years.
       
 (DIR) Post #AR2Nex4c5UmGVUVzvs by ariherzog@better.boston
       2022-12-27T13:34:13Z
       
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       @jkosseffThat's because the majority of Mastodon users are progressive minded and open to change.
       
 (DIR) Post #AR2NexQalmMHbenYBs by zleap@qoto.org
       2022-12-27T16:23:59Z
       
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       @ariherzog @jkosseff  Indeed,   and this way of thinking doesn't seem to work on platforms such as Twitter / Facebook.