What Clarence Thomas Gets Wrong about Big Tech
Supreme Court Justice Clarence Thomas’s recent concurring opinion in the
Biden vs. Knight decision sent hopeful tremors across conservative legal circles and drew condemnation from libertarians. Was Thomas finally laying the groundwork for regulation of Big Tech, which conservatives correctly view as both deeply biased against them and actively biased in favor of left-wing causes?
At first blush, the case primarily concerned First Amendment questions about whether former president Donald Trump (while in office) could block certain individuals or groups from following his Twitter account.1 The Blockees argued that a sitting president should not be able to prevent access to “news” he creates on social media, especially when particular tweets relate to official government business. Yet if Twitter is indeed a constitutionally protected “public forum,” how does the company get away with deplatforming the pre
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