Seemingly speaking directly to regulators and legislators at both the federal and state level, Thomas also added, “If the analogy between common carriers and digital platforms is correct, then an answer may arise for dissatisfied platform users who would appreciate not being blocked: laws that restrict the platform’s right to exclude.” Seldom is a Supreme Court justice clearer and more forthright than that. Finally, in a footnote toward the end of his concurrence, Thomas implied that Section 230 immunity may itself be constitutionally problematic and in conflict with the First Amendment.>
Seemingly speaking directly to regulators and legislators at both the federal and state level, Thomas also added, “If the analogy between common carriers and digital platforms is correct, then an answer may arise for dissatisfied platform users who would appreciate not being blocked: laws that restrict the platform’s right to exclude.” Seldom is a Supreme Court justice clearer and more forthright than that. Finally, in a footnote toward the end of his concurrence, Thomas implied that Section 230 immunity may itself be constitutionally problematic and in conflict with the First Amendment.>