Clear Channel Commu­nications, Inc., 376 F. 3d 1065, 1073 (CA11 2004).Because “legal presumptions that rest on formalistic distinctions rather than actual market realities are gener­ally disfavored in antitrust law,” Eastman Kodak Co. v. [read post]

(Wealthy business corporations, after all, are hardly certain to always take the side of the Left; one can certainly imagine them using their power in the future against speakers who are anti-capitalist or for that matter just anti-Big-Tech.)[254] The laws target a particular harm, though we can debate how much of a harm it is: large social media corporations' use of their economic power to unduly influence political debate. [read post]