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by AbrahamParangi
2239 days ago
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It's not clear that services should be both protected from liability as common carriers and permitted the power of the censor. Should phone companies decide who gets to make phone calls? Should they cut you off if you say things that are unpopular? |
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Telecommunications companies in the past have been treated as "public functions," legally speaking, because they were explicitly designated so by the state and given limited regional monopolies. The limits on liability afforded to YouTube and similar services do not magically transform them to state actors; they remain private corporations with their own First Amendment rights not to publish and host what they choose not to. This principle has been tested repeatedly in many cases.