Christopher Yoo on Common Carriage

ICLE Academic Affiliate Christopher Yoo was cited in a post at The Volokh Conspiracy about his recent piece dissecting problems with the argument that social-media platforms should be treated as common carriers. You can read the full piece here.

University of Pennsylvania law Prof. Christopher Yoo recently published an article that is the most thorough takedown of the common carrier theory so far. Here is the abstract…

…I agree with almost all of Yoo’s analysis. In particular, I think he is right that social media firms don’t fit any of the traditional rationales for common carrier status, and that states cannot simply create such status by legislative fiat (or at least, if they do, it cannot override constitutional constraints on their regulatory authority).