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Thomas' concurrence Monday was the only one submitted alongside the action, which did not include an explanation from the majority. Democrats hold a far different view on how the law should be revised, though they too are seeking changes.
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Trump's Federal Communications Commission chair pointed to Thomas' statement in his decision to move to "clarify" the law, but that did not happen before the administration changed hands.
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Thomas suggested the law had been too widely interpreted and that there is reason to reconsider its application. In an October filing, Thomas wrote that it "behooves" the court to determine the "correct interpretation" of Section 230, the law that protects tech platforms from being held liable for their users' posts or for how they choose to moderate and remove content. It's not the first time he's indicated openness to the idea of upending the status quo of tech regulation. Thomas said the solution to the unprecedented issues presented by the tech platforms could lie "in doctrines that limit the right of a private company to exclude."
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Trump exercised over the account greatly paled in comparison to Twitter's authority, dictated in its terms of service, to remove the account 'at any time for any or no reason,'" Thomas wrote. While he agreed that Trump's Twitter account did "resemble a constitutionally protected public forum" in some respects, "it seems rather odd to say that something is a government forum when a private company has unrestricted authority to do away with it," he said, referencing Twitter's decision to remove Trump's account from the platform following the Jan.
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