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by someguydave 1981 days ago
>or Amazon in particular, are somehow state actors

They operate under the extremely valuable liability protection granted them in section 230 of the CDA.

If I were to take government funds to build my warehouse, there's a pretty decent case that it is at least a public forum, if not a park.

1 comments

No, that would not be a decent case that your warehouse is a public forum. That's a risible argument. Hundreds of warehouses around the country are built on government funds, none of which are public property. Try telling General Dynamics they're a theme park operator and see how far that gets you.
https://www.csbj.com/premier/businessnews/lawsuit-arises-fro...

>“In sum, the financial participation of the City in the Mall’s progress, the arrangements with the City police substation, and the active presence of other governmental agencies in the common areas of the Mall, constitute governmental involvement in the operation of the Mall,” the court noted. Thus, it concluded the mall’s “open and public areas ... effectively function as a public place,” and that mall owners couldn’t restrict distribution of political pamphlets or signature gathering in the mall’s common areas without violating the state Constitution.

Also, General Dynamics absolutely operates under many contractual obligations in which the federal government directly dictates how they shall run their business.

So does every business. None of that means General Dynamics operates parks.

The Marsh line of decisions you're referring to was disposed of upthread. It's dead, Jim. SCOTUS just last year said you can't expect to pretend social networks operate as public squares; you can only claim functions that are normally exclusively the province of governments.

Also General Dynamics must submit to labor rules: https://www.dol.gov/agencies/odep/program-areas/employers/fe...

The basis for title 9 regulation is that universities take Federal grants.

Section 230 liability protection is the lifeblood of these businesses. That protection is worth billions of dollars. While the courts might be unwilling to go there, Congress should define the obligations that come with such a valuable grant from the public in law. My proposal is that the law should be reformed such that moderation decisions made by section 230 interactive computer services should be logged and reviewable (at the plantiff's expense) in a reputable third party arbitration venue of the service's choosing.