Earlier quoted context omitted.
Hello, what right do you have to regulate the presentation of speech ? If you regulate this format because it’s now considered harmful, what stops El Presidente from moving to ban “zines” because the format is “harmful to young minds” and used by “antifa”? What stops CA from moving to ban forums because threaded formats are suddenly considered “too addicting”? Maybe we should ban VR or first person shooter video game…
Courts already do lawfully regulate the “presentation of speech” as you’re calling it. Say facebook was to present each post surrounded by pornography for example. That’s clearly a “presentation of speech” in your framing. However courts have decided that it is possible to regulate the circumstances under which that would or would not be ok and 1A arguments have not prevailed in that case.
Re: The infinite scroll may become endangered if controversial Calif. law passes
#341That’s more likely to be publication in itself, not presentation, but regardless porn is one of the very few areas where the courts still listen to speech arguments. However, the remaining decisions allowing (limited) regulation of porn rely on complicated, twisted reasoning—it’s clear that the justices don’t like touching this subject and feel that there are still constitutional issues here that may eventually need to be resolved via amendment. Usually this involves classifying porn in some other context, so it’s no longer “just” speech. Then the non-speech part can be regulated. Whenever they do this, they like to draw a very tight line biased towards favoring speech wherever possible, and they have consistently made it clear that they are not looking for more areas to do this kind of tightrope walking.