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China's Human Rights Abuses in Xinjiang and the U.S. Response Censorship Is A Violation Of Human Rights

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Conventional wisdom holds that technology companies are free to regulate content because they are private, and the First Amendment protects only against government censorship.

Censorship Is A Violation Of Human Rights

That view is wrong: Google, Facebook and Twitter should be treated as state actors under existing legal doctrines. Using a Rignts of statutory inducements and regulatory threats, Congress has co-opted Silicon Valley to do through the back door what government cannot directly accomplish under the Constitution. The justices have long held that the provision of such immunity can turn private action into state action.

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Hansonthey found state action in private union-employer closed-shop agreements—which force all employees to join the union—because Congress had passed a statute immunizing such agreements from liability under state law. In Skinner v. Railway Labor Executives Associationthe court again found state action in private-party conduct—drug tests for company employees—because federal regulations immunized railroads from liability if they conducted those tests. In AprilLouisiana Rep.

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Congressional threats and inducements make Twitter and Facebook censorship a free-speech violation.

Opinion Read the Latest. By Vivek Ramaswamy and Jed Rubenfeld. To Read the Full Story.

Censorship Is A Violation Of Human Rights

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