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https://www.courtlistener.com/recap/gov.uscourts.wawd.294664... has some damning things to say about Parler's moderation approach.



In the brief AWS references some messages and claims they are illegal but it is likely none would pass the Brandenburg test so all would be likely protected speech.

For example: “We need to act like our forefathers did Kill [Black and Jewish people] all Leave no victims or survivors.”

Is very similar to the speech that caused the Brandenburg case. AWS also claims the messages are harmful and thus violate their acceptable use policy and I think AWS has a much stronger argument here. However, AWS hasn’t really clarified what harmful means in their policy at least in terms of speech. Harmful can be interpreted quite widely and Parker could argue this interpretation doesn’t make sense and the implied interpretation is harmful illegal content. For example a AWS hosting a business competing against another business is harmful to that other business.




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