For decades, private Internet services have uniformly tried to avoid being legally characterized as government actors. If they become state actors, they must comply with Constitutional restrictions–meaning the…
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For example, is it possible that they were coerced into doing something state-actor-y for the federal government, but they're not allowed to mention it because their speech has been stifled with a National Security Letter? (I know some lower courts ruled them unconstitutional in the past, but I'm not sure what the current status-quo is.)
"Oh, we're so sorry, oh most-honored and wise and ethical Executive Branch, we tried to cooperate, but somehow that Judicial Branch just started telling us we can't..."
As for the other direction... I imagine that corrupt officials would prefer to have the deniability.
Why Snap is choosing to list it's ties with DHS to get into federal court is confusing - what benefits would Snap get by going to federal?
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