Brian Fung | @[email protected]

Brian Fung | @[email protected] @b_fung

@HankHultquist I guess first you’d have a court challenge to the final order and then it’s an opportunity for SCOTUS to narrow or roll back Chevron? — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

So to even start the process, Pai needs Trump to win in November and for the Senate to confirm Simington. If Biden wins, control of the FCC passes back to Democrats, and all bets on this proceeding are off. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Trump wants Nathan Simington to succeed O’Rielly, but O’Rielly has said that he’ll serve out the rest of his term and step down “sometime later this year.” It seems doubtful that O’Rielly will step down before the election, particularly now that this item is coming. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Does Pai even have the votes to start a rulemaking on #Section230? The two Dems are vocally against it, as is GOP Commissioner O’Rielly, whose opposition was quickly followed by the White House withdrawing his renomination for another FCC term. Pai needs three votes. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

.@TheBabylonBee is trending in the United States after Trump tweeted one of its satirical articles as though it were real. https://t.co/7D7fYu37tg — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Biden is explaining why he won’t answer the court-packing question directly — "if i say it, that’s the headline — it won’t be about what’s happening right now, the improper proceeding." — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Enormous contrast so far from the Biden event, where no interruptions has meant Biden can go on at length about experts, science and plans. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@JRosenworcel As Pai announces a regulatory push targeting social media and allegations of anti-conservative bias, here’s what he said in 2017 about using levers of government to mandate free speech https://t.co/Ne5fsRVIbq https://t.co/yaVqcKXPDu — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

RT @BrendanCarrFCC: FCC Chairman Pai announced today that he is moving forward with clarifying Section 230. This is great news, and I appl… — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Looking forward to yet another FCC proceeding that we get to have whiplash over for the next 10 years with every change in administration. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Reactions are starting to come in. FCC Commissioner @JRosenworcel tells me: “The timing of this effort is absurd. The FCC has no business being the President’s speech police.” More here: https://t.co/1R0hoL3nfV — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

FCC chairman says he’ll seek to regulate social media platforms pursuant to Trump’s social media executive order https://t.co/uXOCEBMVAk — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

RT @AjitPaiFCC: I intend to move forward with an @FCC rulemaking to clarify the meaning of #Section230. Read my full statement below. http… — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@fmanjoo The only proposal I’m aware of that could get around this would be Hawley’s call to allow private lawsuits over claims of censorship. Still doesn’t force the companies to carry the content, but relies on the implied threat of unending litigation. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@davidshepardson @FCC RIP — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

For those reading this but who missed the (admittedly) unthreaded follow-up, legal experts say scrapping 230, as McCarthy suggests, would not achieve what Republicans hope to do: https://t.co/BHYcOm7h8x — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@zackbeauchamp Deep cut — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@jkosseff Sounds like whatever happens to §230, existing 1st Amendment case law means the government still could not force social media firms to carry content they don’t want to carry. @ericgoldman points to the 1974 SCOTUS ruling in Miami Herald v. Tornillo: https://t.co/g8B6GNS4QP https://t.co/JKoPMvxAyT — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

RT @wendyndavis: @b_fung @jkosseff According to J. Kavanaugh, the 1st Amendment goes so far as to protect ISPs' decisions about what conten… — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@tnarecha @jkosseff Okay, that’s what I thought. Have many courts affirmatively held that the way social media platforms display their content is tantamount to a speech act? — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@jlamel @jkosseff @ericgoldman @daphnehk I guess it sort of depends on what the replacement law ends up saying about speaker/publisher. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Serious question for @jkosseff and other §230 scholars: If 230 says platforms are not the speakers of user content, how might a law requiring them to carry that content be said to infringe on their 1st Amendment rights? Do the platforms resort to an editorial / curation argument? — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

House Minority Leader Kevin McCarthy just blasted Facebook and Twitter, saying “Section 230 in its current form is no longer working… time to scrap the law and start over." — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

RT @Popehat: To people who are asking in good faith for an explainer, @mmasnick did a good job. https://t.co/VyI9d8oPnA However, the peop… — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Meanwhile, Dorsey is already set to testify before Senate Commerce on Oct. 28. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

YouTube now says it won’t allow content that accuses people of being complicit in QAnon, but stops short of banning QAnon-related content: https://t.co/48Kor7cNPD — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

RT @robpegoraro: Five-word summary of this new DoD/United Airlines study of the risks of inflight transmission of SARS-CoV-2: Ventilation a… — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Ransomware and the election: How worried should you be? Here’s everything you need to know about the risk it poses — and what we can do about it. https://t.co/0Z3QyPw32p — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@OKnox One way to keep the interruptions to a minimum! — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

This exchange is hilarious. KLOBUCHAR: Congress wrote the Sherman Act broadly for a reason — so that it can be used to go after lots of bad stuff. BARRETT: Congress wrote the Sherman Act broadly for a reason — so that courts would have discretion to narrow its utility. — PolitiTweet.org