SCOTUS Justice Clarence Thomas Suggests Big Tech Platforms are ‘Common Carriers’ Subject to Congressional Action to Protect Free Speech

SCOTUS Justice Clarence Thomas Suggests Big Tech Platforms are ‘Common Carriers’ Subject to Congressional Action to Protect Free Speech


Supreme Court Justice Clarence Thomas wrote a concurrence in which he argued that Big Tech platforms are “common carriers” subject to regulation in order to defend free speech.

“If part of the problem is private, concentrated control over online content and platforms available to the public, then part of the solution may be found in doctrines that limit the right of a private company to exclude. Historically, at least two legal doctrines limited a company’s right to exclude,” Thomas wrote.

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“First, our legal system and its British predecessor have long subjected certain businesses, known as common carriers, to special regulations, including a general requirement to serve all comers,”

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