Supreme Court Justice Clarence Thomas offered a roadmap to eliminating rampant social media censorship from online monopolies on Monday.
In a ruling for writ of certiorari on the case of President Joe Biden v. Knight First Amendment Institute at Columbia University, Thomas concurred in an opinion to send the case back to the U.S. Court of Appeals for the 2nd Circuit with instructions to dismiss as moot, now that Biden is in the White House. The case, launched in August, questions whether the First Amendment strips government officials of their ability to block third-party accounts on Twitter if the personal account is used to conduct official business. The lower court ruled Trump violated the First Amendment when blocking users on the platform, which served as a public forum.
“I write separately to note that this petition highlights the principal legal difficulty that surrounds digital platforms,” Thomas wrote, “namely, that applying old doctrines to new digital platforms is rarely straightforward.”