The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Free Speech

Prof. Nadine Strossen (Former ACLU President) on "Threat of Big Tech and Big Gov Collusion Against the First Amendment"


A substantial interview by Sam Husseini on Substack; an excerpt, quoting Strossen:

[E]ven private sector actors are directly bound by constitutional norms, including the First Amendment free speech guarantee, if you can show that there is in the legal term to describe this is called entanglement, sufficient entanglement between the government officials and the nominally private sector actors, that if they are essentially conspiring with the government doing the government's bidding, the government can't do an end run around his own constitutional obligations that way….

I was really shocked at how cavalier and how dismissive the so-called mainstream media was in sneering at Trump's lawsuit, because it really has to be taken seriously….

The whole thing is much worth reading. For more from Genevieve Lakier, see here; for a quick summary of some of the leading caselaw on the subject, see this post of mine.