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Read Who Do You Sue? State and Platform Hybrid Power Over Online Speech by DAPHNE KELLER

This essay closely examines the effect on free-expression rights when platforms such as Facebook or YouTube silence their users’ speech. The first part describes the often messy blend of government and private power behind many content removals, and discusses how the combination undermines users’ rights to challenge state action. The second part explores the legal minefield for users—or potentially, legislators—claiming a right to speak on major platforms. The essay contends that questions of state and private power are deeply intertwined. To understand and protect internet users’ rights, we must understand and engage with both.

This essay from the Hoover Institute is worth a read for anyone discussing either online speech in general or the embarrassingly wrong pieces on Sec. 230 which have appeared in both Vox and the Washington Post in the last few days. Click here to read the full version in as accessible a format as possible without having to download the document yourself and tag it.

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