Brian Fung | @[email protected]

Brian Fung | @[email protected] @b_fung

Part of me wonders how things might’ve turned out if Facebook and Twitter had, early on, abandoned all claims to “We’re just a technology platform” and straight up said “You know what? Yes, our software will probably shape what you see and how you perceive the world." — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@emtgray @HankHultquist Except that’s the whole ballgame, isn’t it? The entire case could turn on whether Congress delegated authority to the FCC on 230. Brand X would only take you so far. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

I suppose one way this FCC/#Section230 thing could play out: Senate confirms Simington in the lame duck O’Rielly leaves at year-end Simington starts at the FCC in time for its Jan. 13 open meeting, which precedes the inauguration even if Biden wins Pai gets his three votes — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@NathanLeamerDC Omg, haha — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@mmm_whut Not unless O’Rielly steps down, the Senate confirms Simington, and the notice of proposed rulemaking can be prepared in time for the holidays. — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

FCC general counsel 👇 https://t.co/lTgjB6fCek — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

Tech platforms designing their policies https://t.co/pTkJxL5Jdl — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@bergmayer @HankHultquist It’s too early to be laughing this hard — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@bergmayer @HankHultquist Or, like, a continued back and forth that eventually leads to the Supremes — PolitiTweet.org

Brian Fung | @[email protected] @b_fung

@bergmayer @HankHultquist Right, right. For the sake of the exercise I was assuming the most favorable conditions for the FCC. — PolitiTweet.org

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