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<\/p>\nBRETT: One of the great threats it to our freedom and liberty — without a doubt in my mind, especially after what we just saw in 2020 — is Big Tech monopolies. Oh, these tech companies! They love you when you\u2019re coming on and posting silly cat pictures, when you\u2019re involved in something they\u2019re selling. But this is a very, very dangerous group of corporations.<\/p>\n
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None less than Clarence Thomas, in a concurrence this week, argued that the time is coming to regulate these Big Tech operations — Facebook, Twitter, Google, you name it. Now, the case that he was concurring the decision to vacate a lower court\u2019s ruling on a case involving President Donald Trump and whether or not he had violated First Amendment of users he\u2019d blocked on Twitter.<\/p>\n
But in the context of that case that was in front of the Supreme Court, you had something written by Clarence Thomas that is just spectacular, absolutely spectacular. Justice Thomas wrote, “As Twitter made clear, the right to cut off speech lies most powerfully in the hands of private digital platforms. The extent to which that power matters for purposes of the First Amendment and the extent to which that power could lawfully be modified raise interesting and important questions.”<\/p>\n
One of the analogies he used in this piece was a reference to the ability to avoid certain restrictions. But at the end of the day, what Thomas was talking about was saying, essentially these folks are operating like utilities. They\u2019re operating like utilities, and the idea that you can cut that off?<\/p>\n
The idea that you can modify that, the idea that you can do those things that do not protect the First Amendment right of the folks? It\u2019s no good. He “argued some tech platforms are ‘sufficiently akin\u2019 to carriers such as telephone companies. If tech platforms were regulated like utilities, they could be forced to do away with moderation standards they currently use.<\/p>\n