Comment by JumpCrisscross
17 hours ago
> first amendment doesn't apply here
It absolutely does. (It’s in the opinion.)
It just isn’t the Wild Draw 4 some people imagine it to be. You can’t commit fraud or libel or false advertising and claim First Amendment protection. Similarly, there are levels of scrutiny when the government claims national security to shut down a media platform.
> It absolutely does. (It’s in the opinion.)
The opinion actually assumes without deciding that First Amendment scrutiny applies, so I don't think it "absolutely" does. (But yes, it probably does and Sotomayor and Gorsuch would decide as much)