Write paper on the Legal Implications of Social Media Censoring

Write paper on the Legal Implications of Social Media Censoring
Main Point: Extending the public function exception to encompass social media platforms in the realms of the first amendment would be harmful as a matter of policy and legal principle.
Research Concept: The legal and policy foundations for extending the exception are weak and would require an unnecessary degree of internet exceptionalism as justification
Supporting Ideas: Courts should not abolish the public/private distinction online unless they are willing to do so offline. Unless courts are willing to extend state action to newspapers and book clubs, they should not extend state action to Social Media.
Connect to the next concept: Alternative regulation methods-like consumer and brand pressure, market forces, and Congressional and executive agency action-can adequately resolve many of these challenges.

Main Point 4 Summary: While the First Amendment, coupled with the public function exception, is a quick remedy to social media censorship, the legal and policy costs outweigh the benefits of extending the doctrine. The legal and policy foundations for extending the exception are weak and would require an unnecessary degree of internet exceptionalism as justification. Courts should not abolish the public/private distinction online unless they are willing to do so offline as well.

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