Comment by delichon

Comment by delichon 4 hours ago

10 replies

Given that the decision is unanimous just maybe it is in alignment with the constitution. If Clarence Thomas and Ketanji Jackson agree on something, that's some kind of signal.

llamaimperative 3 hours ago

Signal of belief in an excessively strong state?

Clarence Thomas is not actually conservative in the small government sense.

  • ls612 an hour ago

    Neil Gorsuch is though and he signed on too. He even said that while he thought the government had to prove a higher standard than the opinion required, it didn’t matter to the decision because the government in his mind had met that even higher standard anyway.

twobitshifter an hour ago

The commerce clause has been used since the founding of the country for this sort of thing. I never saw a way for it to be called unconstitutional.

gjsman-1000 4 hours ago

> “which would’ve led to the inescapable conclusion … had to be rejected as infringing … free speech”

When the EFF sounds about as sane as a sovereign citizen…

With friends like these, who needs enemies…

  • schoen 3 hours ago

    I worked at EFF for twenty years, and every iteration or incarnation of EFF would have said that it should be extraordinarily difficult for the government to prevent Americans from using foreign web sites or software. And that it should be extraordinarily difficult for the government to compel tech intermediaries to help block foreign sites or software. This would have been a bog-standard EFF position for the organization's entire existence.

    (I would say something even stronger than "extraordinarily difficult", but then I'd be on thinner ice.)

    • munchler 2 hours ago

      It required specific legislation to ban TikTok. I would say that's pretty extraordinary. I think even the EFF should admit that allowing the Chinese government to control a major American social media app is an unacceptable security risk.

      • packetlost 12 minutes ago

        Not only did it require specific legislation, but it had the near unanimous support of all 3 branches of the government (if you exclude the shifts in presidential opinion)

      • accrual an hour ago

        It's amazing that all three arms of the government can come together so quickly to ban an app, but we can't have affordable housing, public healthcare, a higher minimum wage, or send kids to school without bulletproof backpacks.

      • hedora 2 hours ago

        The second paragraph of the EFF statement says the ban provides insufficient protection of US security.

        • munchler an hour ago

          > The United States’ foreign foes easily can steal, scrape, or buy Americans’ data by countless other means.

          True, but that's not the point.

          > Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally.

          Sorry, that might've been true for old media, but social media is way more insidious.