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I agree that they are unconstitutional, but public accommodation laws are theoretically unconstitutional in the same way, by the same amendment, and provide pre
by hirundo 5y ago
I agree that they are unconstitutional, but public accommodation laws are theoretically unconstitutional in the same way, by the same amendment, and provide precedent. So their flagrancy is no guarantee that they will be overruled.
Here's a current Supreme Court justice making that argument:
https://www.supremecourt.gov/orders/courtorders/040521zor_3204.pdf https://www.supremecourt.gov/orders/courtorders/040521zor_32...
“Even if digital platforms are not close enough to common carriers, legislatures might still be able to treat digital platforms like places of public accommodation. Although definitions between jurisdictions vary, a company ordinarily is a place of public accommodation if it provides ‘lodging, food, entertainment, or other services to the public … in general ... Twitter and other digital platforms bear resemblance to that definition.” -- Clarence Thomas
- jcranmer 5y agoAnd Clarence Thomas also believes that the doctrine of incorporation is incorrect, so the Bill of Rights doesn't actually encumber state or local governments in any way. The other 8 justices on the Supreme Court and pretty much the rest of the legal profession disagrees. Note that no other justice signed onto Thomas's opinion here. Even if you were to agree with his opinion in full, you'd still find these state laws to be in violation, since they would be preempted by §230 in federal law, and the Constitution affirms that federal law supersedes state law wherever the two conflict.