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Father, thank you for the life of Justice Clarence Thomas. May You continue to give him wisdom.
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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 assessing 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.”

The Clarence Thomas documentary is available again after being removed from Amazon streaming during Black History Month. It is available to view at SALEMnow. Click here to read more about that documentary on HeadlinePrayer.

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Kris
April 12, 2021

I confess I did not read the whole article. I stopped when I read that digital platforms are “private companies.” I don’t know much about the stock market, but I thought once a company was publicly traded, it was no longer considered “private.”

    Kris
    April 13, 2021

    Meaning, if they are publicly traded, they should not be permitted to discriminate First Amendment rights of users. Or is that not how public and private are defined?

      clare
      May 31, 2022

      The First Amendment applies only to government censorship.

Jeane Whiteside
April 9, 2021

He’s our best and most valuable judge. May the Lord grant him favor and open doors of opportunity for him. May his enemies fall before him as he moves forward to retrieve what we have lost. Vindicate and restore Father those things he lost and we as a nation have lost and are losing through this present fraudulent administration in all three branches of our government. Clarence Thomas is Your son. What are Your plans for him? I trust You Lord to direct and correct through this judge of the people by the people and for the people. I ask all to be fulfilled for Judge Thomas in Jesus name.

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    clare
    May 31, 2022

    Separation of Church and State, The Establishment Clause of the First Amendment would normally obligate a sitting judge to separate his personal beliefs from his duties.

    That you are advocating this tells me much about your ‘faith’.

    Faith is not a cudgel.

Billie Minor
April 8, 2021

I rejoiced over the comments of Justice Clarence Thomas regarding the uncontrolled power of the Tech giants ( especially 2 of them). His remarks expressed fully the frustration caused by those Tech billionaires who have seized their power before we, the people, who assumed the freedoms of our Constitution were unaware of how out of control this power was to become. I have great admiration for this Justice Thomas who has taken on the sole responsibility to press this further and his plea for citizens of this nation to wake up. I pray we will!

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Terry Furnal
April 6, 2021

It’s time good, right thinking people of this nation stand up! Stand up to all this
“Censorship”. We as Christians have and should use more often a voice, a loud voice! Stand up against those who seek to destroy this nation and our rights! Our forefathers were courageous enough to fight for our rights; why can’t we? Do it the right way make our voices heard. Not with guns, threats, or violence, that get you no where! Stand up in the courts, stand up and make your voices heard!

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MaryAnn
April 6, 2021

Justice Thomas speaks for me. I agree with his analysis and it is time to limit the control of the tech giants to alter by omission, censorship, delete or otherwise impede free speech. I may not agree with all I read or hear but all people have that right through our constitution.

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Barbara from MA
April 6, 2021

Judge Thomas, keep hearing and keep doing what our Lord would have you to do. I thank our Lord for the courage and boldness He has placed upon your life. By the grace of God, we need more MEN of the faith in Jesus Christ to stand up for the will of God and not be afraid to call right right and wrong wrong. May our Lord continue to reveal His will and purposes to you. I am so blessed to know we as christians have a christian black man that is not afraid to stand up for what is right in the eyes of God. Yes I am a 74 yr. old black woman who also is not afraid to stand up for what is right in the eyes of God. Judge Thomas please DO NOT compromise or be passive in what you know is right in the eyes of God. You are a real blessing to me and to others who believe in the righteousness of God. Keep up the good fight, I pray and do warfare for you and the other judges everyday. God Bless in all you do for Jesus. Jere. 33:3 Barbara from MA

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