Clarence Thomas Is Right about Big Tech

Supreme Court Justice Clarence Thomas in Washington, D.C., June 1, 2017 (Jonathan Ernst/Reuters)
Treating Big Tech companies as common carriers would not be a legal innovation, nor a threat to property rights, but could be a way to protect and secure the civil rights of Americans.

NRPLUS MEMBER ARTICLE H ow should conservatives think about the intersection of property rights, government regulation, and Big Tech? Part of answering this question requires us to gain a better understanding of the American legal tradition’s sources, recovering them from recent distortions. Justice Clarence Thomas recently sought to educate us on just this.

In his concurring opinion in Joseph Biden v. Knight First Amendment Institute at Columbia University, Justice Thomas noted that First Amendment doctrines may not always apply when it comes to the considerable powers of Big Tech companies to control access to speech. Instead, he suggested that the Court and lawmakers might have

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