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The problem with leaving it to the courts is, people who own small niche forums can't afford to fight legal battles.

This will leave an internet for those who can (i.e the big players).




Also, courts have a habit of leaving arcane technical details to regulators and then we end up back at government regulation of internet speech.


The alternative is leaving it up to corporations so the current status quo doesn't seem that bad. (See everyone that wants to repeal Chevron deference)


Or the courts could insist the legislature does its job -- write legislation.




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