This is an interesting thread, but I’m not sure I agree with this frame. When it comes to mass media, we’ve always mediated access through sui generis regimes with very different 1A outcomes depending on technological and historical affordances. https://twitter.com/glakier/status/1348280191777464320

Most of our access regimes have been moderated through statutory regimes and measured against 1A scrutiny. I’m as much of a media access diehard as anyone but I’m not sure searching for the substance of the access regime in the 1A makes much sense. https://twitter.com/glakier/status/1348280192817635329

The fact that we can’t come anywhere close to political consensus on what kinds of carriage or filtering mandates to impose in a statutory regime, if any, should give folks real trepidation about asking a politically polarized SCOTUS to start making the rules.

I do agree with the notion that the First Amendment ought to accommodate some filtering, carriage, and other speech rules in some circumstances. https://twitter.com/glakier/status/1348280195988545536

I’m just not sure I want to look to the First Amendment to fill on the substance of those rules.