Libertarian-leaning think tank the R Street Institute has also been highly critical of the decision. It “creates an end-run around constitutional due process, eviscerates the First Amendment rights of publishers to distribute third-party speech and creates a loophole to the immunity granted to online publishers by Section 230 of the federal Communications Decency Act,” opined Steven Greenhut, R Street’s Western Region Director (and a Reason contributor) and Cameron Smith, R Street general counsel, in a letter to the California Supreme Court.

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