NEW: Twitter has censored @RepJimBanks for calling HHS' Rachel Levine a man. He will be locked out of his account until he deletes the tweet, "The title of first female four-star officer gets taken by a man."
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If Jim Banks is unhappy with Twitter’s rules of service he’s free not to use their platform.
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If Twitter wants to be able to censor or moderate content then they should lose government protection for the content on their site. Can’t have it both ways.
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So you believe that the government should punish Twitter (with civil liability) because Twitter expresses an opinion? Isn't that precisely what the First Amendment prohibits?
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Nope, I’m thinking Twitter should either be a publisher or a moderator, one or the other. If they want to be a publisher, then they must allow all opinions but take not responsibility for them. If they want to be a moderator they can take a side but are responsible for it.
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You are claiming that they have two choices, express their own viewpoint or not express their own viewpoint. And you want the latter choice to trigger a government punishment in the form of civil liability. Civil liability for expressing a viewpoint in their media product. 1/2
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Foregoing a special government benefit isn't punishment.
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Did you read the Tweet you are responding to? He wants to impose civil liability on them for expressing their viewpoint. You can't seriously be arguing that civil liability is not a punishment.
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They would normally be subject to liability for their torts, just like anyone else. Treating them no worse than anyone else isn't a punishment.
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There is no "special government protection" at play, nor is any tort even theoretically at issue. It's a 1st Am issue, under which everyone has the same protection. To commit a tort, you have to abrogate a right. Nobody has a right to have their speech be on twitter.

2:43 PM · Oct 24, 2021

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Punishing twitter for refusing to host speech would be a specialized form of punishment. You can no more force them to keep a tweet up than you could force me to tweet a your message for you even if I disagreed with it. They get to choose what content they host.
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