Supreme Court hears arguments on the future of online speech: all the news
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Amy Coney Barrett is bringing up the Hotel California clause yet again, and I’m actually grateful — she points out the plain language of the law seems to specifically say you can’t ban Texan users. Nielson says it’s a conditional rule. “If you choose to do business in Texas, then this provision kicks in,” but “if you don’t want to do business in Texas at all” you’re okay to geofence the state. “You can’t darn well discriminate” against Texas users if you operate in there, he says.
Barrett pushes back — what does that mean? “You have to have customers in Texas,” Nielson says, although he acknowledges a court hasn’t really defined the boundaries.
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