For a case to be considered in any serious capacity, you have to have sustained tenable damages. Damages you can quantify.
It would take something like a bunch of public figures or owners of companies who have had Twitter accounts that were taken down that can reasonably argue their companies/public image sustained quantifiable damage or disadvantage from the exclusion of the alleged "public platform".
That's not to say you DON'T have a case. Just that your case would have such a low barrier to be heard that the court system could be flushed to death with similar innocuous cases.
You need to be able to prove you sustained damages that can also be remedied. If it can't be remedied by the court, there is no reason to waste time on it, whether or not it has merit. Which is unfortunate.
It can be used as precedent in another more applicable case.
He is handing us the golden goose in the form of a template of precedents he knows the other judges just consider.
It is up to use to find a case that matches his template closely enough and take it all the way for a full review of sec 230.
Yes, but no.
For a case to be considered in any serious capacity, you have to have sustained tenable damages. Damages you can quantify.
It would take something like a bunch of public figures or owners of companies who have had Twitter accounts that were taken down that can reasonably argue their companies/public image sustained quantifiable damage or disadvantage from the exclusion of the alleged "public platform".
That's not to say you DON'T have a case. Just that your case would have such a low barrier to be heard that the court system could be flushed to death with similar innocuous cases.
You need to be able to prove you sustained damages that can also be remedied. If it can't be remedied by the court, there is no reason to waste time on it, whether or not it has merit. Which is unfortunate.
In the mean time, corporations now have to watch out. They are vulnerable now.
Nothing changed, but he basically spotted us wandering around the building and knocked on the window to show us the weak spot.
It is up to us to present him a case following his road map.