Submitted by NoneScan65 t3_125um24 in wallstreetbets
DefendSection230 t1_jebom5s wrote
Reply to comment by NRA-4-EVER in Is Meta back? by NoneScan65
>If a bookstore banned some books claiming they were "dangerous" but then sold a book that could be ruled as inciting violence then they could be held liable.
No they can't.. Why would you think that? That would be punishing them for using their First Amendment right to no carry the books they don't want to carry.
​
>Smith v. California (1959)
https://en.wikipedia.org/wiki/Smith_v._California
The court held that the free publication and distribution of books are protected under the constitution's guarantee of freedom of the press, and that a bookseller, such as Eleazar Smith, plays a key role in this publication and distribution. The court also cited that legal doctrines and devices are not capable of application under the constitution if they would have the effect of inhibiting freedom of expression by making citizens afraid or reluctant to exercise that freedom.
Section 230 protects Publishers, specifically.
>"Id. at 803 AOL falls squarely within this traditional definition of a publisher and, therefore, is clearly protected by §230's immunity."
>
>https://caselaw.findlaw.com/us-4th-circuit/1075207.html#:~:text=Id.%20at%20803
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NRA-4-EVER t1_jec7yac wrote
You bring one case on bookstores. Here's a ton that relate to free speech/press, which is what gives bookstores their rights. You can go to the link, not typing out ALL of the cases, way too many! You need to realize the current court as already started throwing down some serious decisions that buck the pervious assumptions about many issues. Don't live in bubble, listen to what the judges have said and done. What I think or you think is irrelevant, it's what those six in the majority think that matters. Just like it was a few years ago when all that mattered was what justice Kenedy thought since he was the swing vote most of the time.
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