The Big Tech verdicts you’re cheering for are actually terrible for free speech | The Foundation for Individual Rights and Expression
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Declaring the target to be “design features” — such as infinite scroll or notifications — instead of speech doesn’t change things. The First Amendment isn’t fooled by synonyms, and what these lawsuits target is, inescapably, speech. Some allegations are aimed at content hosted by platforms that some perceive as harmful. And the ways platforms arrange, display, and choose how users consume content are editorial choices that are protected by the First Amendment. That those features might be designed to keep users’ attention is hardly a groundbreaking discovery. That is the point of all media. Imposing liability because speech is too appealing would be a breathtaking incursion on free speech.
https://www.fire.org/news/big-tech-verdicts-youre-cheering-are-actually-terrible-free-speech
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