by While the First Amendment does not bind private corporations, there is nothing preventing one — like Twitter — voluntarily assuming such protections for free speech. Even with some adjustments for a private forum, what I call the First Amendment Option would create a default in favor of free speech that doesn’t exist on these platforms.There’d be narrow exceptions for threatening, unlawful and a few other proscribed categories of speech. Twitter can tap into a long line of First Amendment jurisprudence limiting the scope of such speech regulations. Even with a private company’s greater flexibility, a First Amendment-based policy would establish much better protections for free speech.In other words, Musk could show up at Twitter with precisely the standard long dismissed by censorship
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While the First Amendment does not bind private corporations, there is nothing preventing one — like Twitter — voluntarily assuming such protections for free speech. Even with some adjustments for a private forum, what I call the First Amendment Option would create a default in favor of free speech that doesn’t exist on these platforms.There’d be narrow exceptions for threatening, unlawful and a few other proscribed categories of speech. Twitter can tap into a long line of First Amendment jurisprudence limiting the scope of such speech regulations. Even with a private company’s greater flexibility, a First Amendment-based policy would establish much better protections for free speech.
In other words, Musk could show up at Twitter with precisely the standard long dismissed by censorship advocates — and then let that sink in.…
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