1/
I understand that the LGBT wedding cake / Twitter analogy is an attractive one, but claims that it shows hypocrisy on the Left are worth addressing (and show why it doesn't work that well, IMO).
2/
The 1st Amendment doesn't apply to Twitter because it regulates government, not private entities. Masterpiece Cakeshop OTOH is about exemptions to generally-applicable civil rights laws that *do* cover bakeries.

This is important.
3/
Public accommodations laws are supposed to make sure everyone can participate in the economy. Before these laws, Black Americans had to make travel guides like the Green Book.
https://digitalcollections.nypl.org/collections/the-green-book?fbclid=IwAR0xTppI08Za7rQzRZxp4WeF1BxCOBQoSj9nRf1XpDb8-wciIsDufmUBIh0#/?tab=about
4/
These laws also prevent the dignitary injury of being excluded from community life. It's not enough to eat at Jim's Inclusive Diner after Joe's Racist Diner turns you away. It's not only about access to one option in the market (and often there are none); it's about equality.
5/
Many people, myself included, see religious exemptions as a threat to civil rights laws that enable both equal participation in the economy and equal dignity in the public square.

Twitter's exercising its discretion to ban a user has nothing to do with them.
6/
Because it's not seeking an exception to a law that protects us all; our Constitution doesn't bind Twitter.

In fact, Twitter has its own 1A rights to speech and association that its current critics are ignoring. Government forcing Twitter to host Trump would violate the 1A.
7/
We can recognize this and oppose religious exemptions from civil rights laws.

And- because as it turns out many things can be true at once- that doesn't mean Twitter's decision was the right one.
8/
Many people called for them to ban Trump long ago; I was not among them. Before this election cycle, Trump had mostly used Twitter for speech that would be protected by 1A if Twitter was the town square. Remember, 1A protects hateful speech and lies.
9/
Trump was making America less great by crapping in the discursive punchbowl on a daily basis, but I think there's a good argument against regulation- much like many private universities adopt First Amendment-like speech policies.
10/
Since the election his Twitter feed has demonstrated that free speech comes at high cost, and we confuse its benefits and costs at our peril. Remember- 1A protects Klan marches not because they enrich our discourse but because government censorship is worse.
11/
Because of Trump's LIE that the election was fraudulent a large % of his party believes it was. In a pandemic lives could be saved if people listened to their president about masks and distancing, 1/3 of us believe he stole the election. People will die as a result.
12/
But I still wouldn't have banned Trump before he incited an insurrection to overthrow our government.

And I believe Twitter wouldn't have had to ban Trump if Pence had done his duty and invoked the #25thAmendment

As I write this, Trump is still Commander in Chief.
13/
It seems likely from his shaking up DoD staff; the Defense Secretaries' letter; the request for National Guard being denied; and the chaos of 1/6 that Trump took affirmative steps to make the Capitol less safe leading up to the insurrection he solicited.
14/
As I write this, he retains the power to make the inauguration less safe (and he tweeted that he won't be there, signaling to his followers that it's open season on those who are).

After being targeted by a mob intent on hanging him, #Pence did not act to change this.
15/
So we're left with a tech company- one that has profited richly from Trump's circus act- doing what our VP, cabinet, and congressional Republicans would not- take steps to neutralize that threat.

It's not like the wedding cake at all.//
You can follow @Lara_Schwartz.
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