4 ms·
> How is this allowed in light of the interstate commerce clause? It's complicated. Obviously a website cannot simply proclaim to only facilitate the dissemin
by parasense 4y ago
> How is this allowed in light of the interstate commerce clause?
It's complicated.
Obviously a website cannot simply proclaim to only facilitate the dissemination of information to people exclusively in one state, or to exclude people in another. There is practically no concept of mutual exclusivity or mutual inclusivity on the internet, so then it's abjectly "interstate" or even "international". But it's not that simple.
The commerce clause tends to apply to federal laws, of things that transit state or territorial lines. Just because something could transit a state line, does not mean the all things in all states are automatically under federal regulation, or that federal regulation has supremacy. Obviously certain things are legal in one state but not in others, and things might be legal or illegal at a federal level regardless of interstate commerce.
The question is, is free speech subject to interstate commerce? What about commercial speech (which is afforded less 1st amendment protections)? Since we are talking about free speech, commercial or otherwise, does the idea of commerce clauses even apply? According to Heller case, and recently reaffirmed by the NY v Bruen case, when dealing with civil liberties the courts must apply strict scrutiny.
So it might boil down to a simple 1st amendment case without any commerce clause mental gymnastics.