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Robert Lipscomb's avatar

Still not sure if Warren's tweet is necessarily a First Amendment violation, but Patterico's citation to the Backpage decision makes a pretty good argument that it is. But regardless of that, Warren's tweet comes very close to violating, and may violate, the legal ethics rule that a lawyer may not threaten someone with criminal prosecution in order to gain an advantage in a civil matter. As a former law professor Warren surely is aware of the rule. Not to get all cynical or anything, but if Warren were an (R) senator instead of a (D) the state bar in Massachusetts (assuming that's where she is admitted) would probably open an investigation. But I hope they don't -- there are too many threats and investigations these days, we don't really need another one. Maybe a simple admonition that she go and tweet no more?

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Appalled's avatar

Hm.

One of the things that will be happening in this Congress is debate over Section 230. A likely approach that progressives will take is to demand that Google Facebook Twitter moderate certain speech to retain 230 protection. They will use examples that nail them permanently. AOC will tweet about hateful speech directed at her. Maybe she says "We have to take action against Google because Google lets this awful speech happen."

Under Patterico's analysis, I think we end up with a First Amendment violation. Which would trouble me -- surely the First Amendment is not meant to be an inhibitor of debate.

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