The Case For Internet Originalism, by Jonathan Turley

Let the Internet platforms be the free-for-alls that were once envisioned. From Jonthan Turley at jonathanturley.com:

Below is my column in The Hill on Twitter’s adoption of a “living Internet” approach to censorship policies. Notably, at the recent hearing before the Senate, Democratic Senators demanded more censorship despite the Big Tech CEOs admitting that the blocking of the Hunter Biden story was a mistake. Twitter and Facebook responded within days with new attacks on free speech in barring conservative viewpoints from a Republican women’s group and one of the highest Trump Administration officials.

Here is the column:

Twitter finally lifted its suspension of the New York Post over its reporting on the laptop of Hunter Biden. The decision came two weeks after both Twitter and Facebook barred access to the story about his emails that appeared to reveal influence peddling and contradicted past statements of former Vice President Joe Biden. Twitter now admits there was no evidence that the emails were fabricated or were the product of Russian disinformation, a conclusion confirmed by both the Federal Bureau of Investigation and the director of national intelligence.

Rather than apologize for its error, however, the company cited a curiously familiar argument to excuse its decision: Its policies are “living documents” subject to continual change. That sounds like an internet version of the “living Constitution” theory used by jurists such as the late Justice Ruth Bader Ginsburg to continually update the meaning of the Constitution. Twitter’s claim should turn every citizen into a strict “internet originalist.” Before addressing the “Living Twitter” theory, a few established facts on the story should be noted.

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