private property owner, you have the right to exclude whoever you want from your property and so if that s the case, facebook, twitter, and google can keep people off their networks just like you and i can keep any stranger or any person off our property, but it could be different if we analogize these new networks to railroads, to airlines, to what we call common carriers, people who aren t allowed to discriminate because they have such enormous monopoly power, they play such an important role in the public interest that the constitution does allow the government to require that they are open to everybody. shannon: all right, harry litman is with us as well, joining the conversation now. i want to read something from alan dershowitz, also another esteemed law professor. he has filed an affidavit with this lawsuit as an expert witness, so he says this is a very, very important lawsuit. what s going on with high tech is unacceptable, it s inconsistent with the spirit of free speech th
officials into blocking very speech quick final word from you, harry. that is another theory. that s actually in the trump lawsuit but it just doesn t work. is not going to be able to show that somehow they are the idea would be they are actually the government here because a government put a gun to their head but it s not a gun, there s just a lot there that says they can p people off. shannon: we have is there going to track every twist and turn, the moment a judge rules on any part of this we will let folks know. harry and john, thank you both so much. thanks, shannon. shannon: breaking tonight, reports of haiti in chaos after the country s president was assassinated in his home. heavy gunfire heard across port-au-prince as smoke continues rising from different areas. also breaking, police killing four of the suspected assassins and apparently arresting to others after a tense standoff. the interim prime minister closing haiti s borders and enacting martial law in a coun
that would be the theory, shannon. i think you re right about whether to treat them as common carriers. at this is actually an area where some conservatives and some liberals agree you ve probably also run stories about how the ftc and other agents in the justice department want to start putting these companies under serious antitrust scrutiny, also on the theory they ve become too big and powerful. if they become too big and powerful, than the campus terminate and say just like united airlines couldn t say no or republicans are allowed in unfriendly skies. you can t have the same argument about twitter. but the basic idea, the common carrier. harry is quite right, you would need to see a lot of other pieces move in the agencies in congress but the lawsuit could be trump s lawsuit could bring such attention, it could be the prompt to action. shannon: the wall street journal, very quickly, quotes and other well-known who says this. it might be enough to show the government act
rights, unilaterally issued this federal mask mandate. and one other point, the federal case law out there says that when the government has such a far-reaching measure, they have to first try less intrusive measures. for example, if somebody shows a vaccination card, let them ride. if they have a 48 hour test negative test of covid, let them ride in the uber. so i think there are less strict measures that could be used here that don t violate his constitutional rights. shannon: all right, exhibit c is more from the plaintiff s lawsuit. he says them and it is arbitrary, irrational and capricious because the federal defendants failed to reasonably explain what other measures are insufficient to tackle the rapidly declining covid-19 infection and death rates. robert, back to bryan s point? that also doesn t make any sense at all because people can photocopy and print off a vaccination card or a negative covid test buried at the best way to ensure that everyone is
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