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by jcranmer 732 days ago
It's content-based discrimination, which means it goes straight to strict scrutiny.
1 comments

How is it discriminating content?

It’s not putting restrictions on content that can be shown.

It's discriminating between social media companies purely on the basis of their speech--the recommendation algorithms they choose to use.
If the algorithm constitutes speech by the social media companies, doesn’t that remove their common carrier status?

If the speech is theirs, they are responsible for its content.

> If the algorithm constitutes speech by the social media companies, doesn’t that remove their common carrier status?

They aren't common carriers and never have been.

Good god, not that zombie lie again!