Buffalo suspect's gruesome Twitch livestream exposes a terrible judicial trend
for social media platforms, but that allowing them to persist would require a radical — and pernicious — shift in the Supreme Court’s First Amendment jurisprudence. But even for those who support such a shift, the Supreme Court should still put HB20 back on hold, at least for now.
Under current law, the district court is clearly correct that HB20 violates the First Amendment — and the harm caused by allowing it to go into effect even for a few months could be catastrophic. But even if the Supreme Court is inclined to revisit its First Amendment jurisprudence as applied to social media platforms, as Justice Clarence Thomas, that’s just one of the considerations before the court at this juncture.
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