Comment Re:But, but ... Chevron deference and DACA (Score 1) 155
... there are other platforms. Damn inconvenient to be sure, but not an apocalyptic assault on 1A.
Right-wingers being deplatformed from Twitter was apparently a big enough issue that Musk spent $44 billion just so he could take the reins of that platform. Clearly, being able to reach your intended audience has a significant value attached to it.
Whatever concerns you may have for the law's insult to 1A, people in both political parties in both houses, and all nine SCOTUS justices, felt the national security issue overrode that.
Trump's initial EO was likely because he initially assumed TikTok to be full of liberals (and a handful of TikTok's users were using the platform to prank his rallies), not because it represented a genuine national security threat.
The bill passed in Congress as a rider to a foreign aid spending bill, on its own it had originally failed to garner enough support.
That just leaves the SCOTUS as the sole potentially rational arbiter, and their interpretation was that it's perfectly fine to nuke a virtual town square, because you're not targeting a specific group of speakers. Obviously, we didn't get here overnight, but the fact that the 1A has been chipped away at enough that the court found precedence to back this up is disturbing, to say the least. The real world analogy would be a city entirely banning all public demonstrations within the city limits. Which, at least according to some quick ChatGPT research, actually is a thing:
The First Amendment protects the right to assemble and protest, but cities can regulate time, place, and manner. Courts have found that such regulations must be content-neutral, narrowly tailored, and leave open alternative channels for communication. However, these standards are sometimes inconsistently applied.
So, if it makes you feel better, just imagine that what I'm complaining about is that damned asterisk next to the 1A, put there by the previous court cases.