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Apr 6 - Justice Thomas Wants Successful Private Companies To Submit To Government Takeover



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 2 weeks ago '07        #1
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yola  topics gone triple plat - Number 1 spot x44
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Apr 6 - Justice Thomas Wants Successful Private Companies To Submit To Government Takeover
 

 

Justice Thomas argues for making Facebook, Twitter and Google utilities

Thomas argues that some digital platforms are "sufficiently akin" to common carriers like telephone companies.


Last fall, Justice Clarence Thomas argued that it was time to rein in Section 230 immunity.

Now, Justice Thomas is laying out an argument for why companies like Facebook, Twitter and Google should be regulated as utilities.

On Monday, the Supreme Court vacated a lower court ruling in finding that President Trump had acted unconstitutionally by blocking people on Twitter.

That case, which the justices deemed moot, hinged on the idea that the @realdonaldtrump account was a public forum run by the president of the United States, and therefore, was constitutionally prohibited from stifling private speech.

In his concurrence, Justice Thomas agrees with the decision, but argues that, in fact, Twitter's recent ban of the @realdonaldtrump account suggests that it's platforms themselves, not the government officials on them, that hold all the power.

"As Twitter made clear, the right to cut off speech lies most powerfully in the hands of private digital platforms," Thomas writes. "The extent to which that power matters for purposes of the First Amendment and the extent to which that power could lawfully be modified raise interesting and important questions."

Thomas argues that some digital platforms are "sufficiently akin" to common carriers like telephone companies.

"A traditional telephone company laid physical wires to create a network connecting people," Thomas writes. "Digital platforms lay information infrastructure that can be controlled in much the same way."

Thomas argues that while private companies aren't subject to the First Amendment, common carriers are unique to other private businesses in that they do not have the "right to exclude."

Thomas suggests that large tech platforms with substantial market power should be bound by the same restrictions.

"If the analogy between common carriers and digital platforms is correct, then an answer may arise for dissatisfied platform users who would appreciate not being blocked: laws that restrict the platform's right to exclude," Thomas writes.

Such a restriction would substantially curb tech giants' ability to moderate content, a proposal that both tech giants and those on the left who want to see more aggressive content moderation online would almost certainly reject.

Thomas goes on to describe the sheer scope of Facebook and Google's market power, citing Facebook's roughly 3 billion users and Google's 90% market share in search.

"It changes nothing that these platforms are not the sole means for distributing speech or information. A person always could choose to avoid the toll bridge or train and instead swim the Charles River or hike the Oregon Trail," Thomas writes.

"But in a*sessing whether a company exercises substantial market power, what matters is whether the alternatives are comparable. For many of today's digital platforms, nothing is."

Thomas states that in order for an account like @realdonaldtrump to be truly classified as government controlled, "the power of a platform to unilaterally remove a government account" would have to be "reduced."

Thomas acknowledges that it would be up to "a legislature" to impose such a restriction and that the Twitter blocking case before the court didn't offer an opportunity to grapple with those questions.

But, he writes, "We will soon have no choice but to address how our legal doctrines apply to highly concentrated, privately owned information infrastructure such as digital platforms."
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 2 weeks ago '07        #2
yola  topics gone triple plat - Number 1 spot x44 OP
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Twitter's recent ban of the @realdonaldtrump account suggests that it's platforms themselves, not the government officials on them, that hold all the power.
isn't this the entire premise of capitalism?

that business should hold all the power and government should have none?

there really isn't one single part of conservative christian capitalism that isn't a recipe for hypocrisy
+19   

 2 weeks ago '07        #3
yola  topics gone triple plat - Number 1 spot x44 OP
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"From this article it sounds like SCOTUS is strongly encouraging the legislature to re-tool the law, or eventually the court will have to do it for them."
+5   

 2 weeks ago '15        #4
ThatGuy247 
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This makes sense from “their” perspective........

“They wanted 3 world govt’s that operate the same......1. The Asia model.....2. Russian/Eastern Europe, and 3. The Western Block.

They want all 3 to run just alike with subtle variations......

This is just the beginning.......
+5   

 2 weeks ago '05        #5
youngvito18 
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They need to start taxing churches that make an excess of money

Biggest tax shelters EVER
+11   

 2 weeks ago '07        #6
Ham Rove  topics gone triple plat - Number 1 spot x4
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all he'd have to do is make the anti trust argument, but they cant so they have to pretend this is somehow related to the 1st amendment.
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 2 weeks ago '06        #7
imthatinfamous 
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 youngvito18 said
They need to start taxing churches that make an excess of money

Biggest tax shelters EVER
The biggest tax shelters are colleges and universities

 2 weeks ago '07        #8
yola  topics gone triple plat - Number 1 spot x44 OP
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 youngvito18 said
They need to start taxing churches that make an excess of money

Biggest tax shelters EVER
church revenue is $80,000,000,000 a year

they pay no taxes and offer no tangible, observable, noticeable or durable changes to society

like billionaires and corporations, their job is to get money and help away from the lowest of our brothers and sisters
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Top 10 most slapped recently  2 weeks ago '17        #9
Zazi3 The Beast  topics gone triple plat - Number 1 spot x5
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I imagine that some of you people 40 years ago would have defended AT&T going into someone’s house and removing the telephone because they didn’t like what was being said on it. 1989 grows a inch closer everyday

 2 weeks ago '20        #10
godhillie 
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Are people in this thread sticking up for corporations?

Talk about sheep!
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 2 weeks ago '08        #11
MotorBoat Jones 
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So this is what Clarence decides to attach his wagon too after like 30 something years?
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 2 weeks ago '17        #12
Timberwolves  topics gone triple plat - Number 1 spot x18
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Facebook and twitter are basically digital public town squares

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Top 10 most slapped recently  2 weeks ago '20        #13
Xiox  topics gone triple plat - Number 1 spot x1
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Why doesn't he work a little bit harder to end civil forfeiture & qualified immunity
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 2 weeks ago '13        #14
Harry Tipper 
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Twitter is doing what is jn the best interest of the company...just what the GOP preach.

It isn't right, but they are following the principles of capitalism. Just so happens that the system is flawed and they should be scared to have private corporations censor large portions of the population.

They could use the Anti-truss argument and break up tech but that hits close to home for many in the GOP that have vested interest in tech
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 2 weeks ago '17        #15
tu calmas  topics gone triple plat - Number 1 spot x1
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Clarence wants a theocracy

This dude is unhinged
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 1 week ago '04        #16
erickonasis  topics gone triple plat - Number 1 spot x2
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fu*k this clown he can suck a d*ck

 1 week ago '04        #17
erickonasis  topics gone triple plat - Number 1 spot x2
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 1 week ago '16        #18
00010111  topics gone triple plat - Number 1 spot x4
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 Timberwolves said
Facebook and twitter are basically digital public town squares

They're more like really big bars or coffee shops where idiots congregate.
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Top 10 most propped recently  1 week ago '19        #19
skippa 
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 youngvito18 said
They need to start taxing churches that make an excess of money

Biggest tax shelters EVER
 yola said
church revenue is $80,000,000,000 a year

they pay no taxes and offer no tangible, observable, noticeable or durable changes to society

like billionaires and corporations, their job is to get money and help away from the lowest of our brothers and sisters

Corporate America and Wallstreet are the biggest tax shelters ever, and as we see in the OP it's at the orchestration of the US government. But whatever helps y'all sleep at night.
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 1 week ago '05        #20
youngvito18 
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 skippa said
Corporate America and Wallstreet are the biggest tax shelters ever, and as we see in the OP it's at the orchestration of the US government. But whatever helps y'all sleep at night.
Stocks gains get taxed... corporations get taxed

Churches dont get taxed...

Its pretty simple

 1 week ago '21        #21
ShowinNakedAzz 
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 yola said
isn't this the entire premise of capitalism?

that business should hold all the power and government should have none?

there really isn't one single part of conservative christian capitalism that isn't a recipe for hypocrisy
Business should hold all the power ? Have you gone mad?
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 1 week ago '10        #22
AmazinJay 
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 youngvito18 said
Stocks gains get taxed... corporations get taxed

Churches dont get taxed...

Its pretty simple
Pretty much all non profits don't get taxed. They all should. Any business type should be taxed. Those billions in annual donations can be taxed at a small percentage.

 1 week ago '05        #23
youngvito18 
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 AmazinJay said
Pretty much all non profits don't get taxed. They all should. Any business type should be taxed. Those billions in annual donations can be taxed at a small percentage.
Agreed

People working for non profits with a 20 million salary, sh*t throw a cap on that too lol

 7 days ago '17        #24
tu calmas  topics gone triple plat - Number 1 spot x1
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 AmazinJay said
Pretty much all non profits don't get taxed. They all should. Any business type should be taxed. Those billions in annual donations can be taxed at a small percentage.
I disagree with NPOs getting taxed, bc the whole point is that they don't make any profit, and their whole purpose - generally - is to collectively provide for the community (which is the general purpose of a tax to begin with)

Most ppl working there don't get paid sh*t as is

You start taxing their revenues and the pay will drop, and even less will want to work there

I do agree with taxing most religious institutions

Mega-churches in the South run sh*t like. the mob though so it'll never happen


Last edited by tu calmas; 04-10-2021 at 10:20 AM..

 7 days ago '17        #25
tu calmas  topics gone triple plat - Number 1 spot x1
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 youngvito18 said
Agreed

People working for non profits with a 20 million salary, sh*t throw a cap on that too lol
Very very few people are making that kind of money working at an NPO



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