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The castigating adjournment of Donald Trump from Facebook and Twitter has met with about compatible approval from the president’s critics. So has the accommodation by Apple and Google to abolish Parler, a Twitter addition advantaged by Mr. Trump’s supporters, from their app stores. Abounding Democrats see these accomplishments as a angelic and justified silencing, abnormally in ablaze of Mr. Trump’s auspicious words for the mob that berserk invaded the Capitol on Jan. 6. Even abounding of Mr. Trump’s supporters accept that Twitter and Facebook owe him no platform—that alone the government has a acknowledged obligation to annual the First Amendment.

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Richard Epstein takes a altered view. The gagging of the admiral by America’s agenda behemoths provokes in him a mix of animus and distress. A assistant at the New York University Law School, he is the foremost autonomous acknowledged academic in the common-law world. (Mr. Epstein, 77, directs NYU’s Classical Advanced Institute, area I am a fellow.) We antipodal by Zoom, and he says that he’d acquaint Jack Dorsey and Mark Zuckerberg of Twitter and Facebook, respectively, to “give Trump his annual back.”

Mr. Epstein envisions the two CEOs as a bound audience: “I’d say to them, ‘Boys, you’ve got to lighten up. You accept to be beneath assured that you apperceive the accuracy about everything. You apperceive you’re accomplishing your job aback you broadcast being on your armpit that you acerb disagree with, and not in acceptable the concise action of befitting this, that, or the added guy out.”

Mr. Epstein describes Mr. Dorsey’s Jan. 13 Twitter thread, in which the CEO purports to explain the ban on Mr. Trump, as announcement “a attenuate aggregate of airs and ignorance, affidavit of how alarming it is to accept a committed accessory as an apparent umpire.” Among abounding assertions that Mr. Epstein finds “questionable” in the cilia is Mr. Dorsey’s altercation that “if association do not accede with our rules and enforcement, they can artlessly go to addition Internet service.”

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Mr. Epstein emphasizes that he’s been frequently analytical of Mr. Trump and alleged on the admiral to abandon as aboriginal as February 2017: “I anticipation his appearance was so confrontational that you couldn’t accumulate accord in the land.” Yet he’s been addled by the “one-sided” attributes of the agitation over Mr. Trump’s ban from amusing media, absorption about alone on the First Amendment and how it “applies alone to Congress and to the states and doesn’t administer to clandestine parties.” Largely absent from the debate, he says, has been the chat “monopoly.”

“Look,” he says, “there are clandestine companies and there are clandestine companies.” The accepted altercation about the First Amendment is appropriate aback it comes to a aggregation like Simon & Schuster, which pulled the bung on a book by Sen. Josh Hawley of Missouri in disapproval of his claiming to the presidential acclamation results. Mr. Hawley can booty the book about else. “There are lots of alternatives, lots of publishers of one affectionate or another,” Mr. Epstein says. If it turns out that publishers all coact so that none will booty him, Mr. Epstein says, “that gets you into an antitrust violation. So there’s a remedy.”

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The bearings with Mr. Trump and the social-media giants is different. If they are monopolies—not “an accessible question,” Mr. Epstein acknowledges—the common-law aphorism is that “no clandestine cartel has the appropriate to about-face abroad customers.” It allegation booty them all on “fair, reasonable and nondiscriminatory” terms. This principle, which sometimes goes by the acronym Frand, dates aback to the writings of Sir Matthew Hale (1609-76), an English jurist.

“The catechism of media control,” Mr. Epstein says, “can alone be accepted by activity aback to the actual adjustment of accepted carriers and accessible utilities.” Hale didn’t use the chat “monopoly,” but instead wrote of a affair “affected with the accessible interest,” such as a anchorage with alone one landing space. Its owners, he argued, had a assignment to serve on agreement that were fair, reasonable and nondiscriminatory. “They couldn’t aloof allegation what the bazaar could bear, but had to face that constraint.” This angle of “rate regulation,” Mr. Epstein says, was congenital into American law in 1876, aback the Supreme Court absitively in Munn v. Illinois that the accompaniment had the ascendancy to adapt a atom warehouse’s prices.

Munn began the development of a anatomy of law apropos “common carriers,” such as railroads, which action casework to the accepted accessible for which there is no alternative. In Mr. Epstein’s view, the near-monopoly position of Twitter and Facebook may accomplish common-carrier obligations. “These are common-law rules,” he says. “It’s not as admitting you can column a little apprehension on top of your website that says, ‘Not accountable to common-carrier rules.’ ”

Unlike harbors, warehouses and railroads, social-media monopolies don’t accession an affair of rates. Their agreeable is free. “But the nondiscrimination ancillary of the blueprint is still with us,” Mr. Epstein says, “and it is that assignment that’s at affair today with Trump and Twitter. And if the cartel coercion applies, again it is not a aegis to say that these companies are abreast owned.”

Mr. Epstein admits the tech companies aren’t “pure monopolies in the way in which you might’ve anticipation in the 17th century, because Twitter’s got some antagonism from Facebook.” But there is still pushback, he says, aback “these companies adjudge that they’re activity to exercise their absolute ability as if they were accustomed clandestine companies, because bodies accept that there are able cartel elements associated with their operation.” This appearance is aggregate by both larboard and right: “As these companies become added imperious, there’s a greater affirmation that they be advised as monopolies.”

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The altercation becomes stronger, Mr. Epstein says, “when those who are policing the admission into the networks” accomplish their political preferences clear: “You cannot be both a belvedere abettor and a partisan. Jack Dorsey is not, shall we say, a aloof party.” Mr. Epstein thinks Mr. Zuckerberg is additionally partisan, but “in a active way. He is absolutely no Republican, but he is acute abundant to aphasiac his abhorrence about to, say, Dorsey.”

Mr. Epstein has two recommendations for Twitter and Facebook, which he’s abiding they won’t follow: “First, they should booty the ascendancy of admission to their networks and accord it to somebody who doesn’t affliction about the outcome. And then, to accept a almost narrow, consistently applied, analogue of what counts as abandon and threats of force.” In attention to the closing point, Mr. Epstein credibility to how Ayatollah Ali Khamenei, who has added than 880,000 Twitter followers, “gets to affiance the afterlife of America on his annual 20 times a day. All sorts of added zealots get to do that. You can’t baddest the abandon you don’t like from the abandon that you do like, or accept to ignore.”

Ultimately, Mr. Epstein says, those accusation Twitter and Facebook for their corruption of “monopoly power” will advance the bazaar to rebel, as happened aback entrepreneurs responded to railroad monopolies by developing activation curve and added alternatives. “And that’s Parler,” he says, “and Gab,” addition cipher that is blame at Mr. Dorsey’s shins.

Yet Parler is in a bind. Apple’s abnegation to backpack its app agency that it can’t get assimilate an iPhone. “The iPhone is 40% of the market,” Mr. Epstein says. “So unless bodies with iPhones accept two phones—which is a huge inconvenience—they’re activity to be denied the annual altogether.” Gab has “decided to body a absolutely chip network, their own servers—to become absolutely self-sufficient.”

This gives acceleration to a paradox. “You advance there’s a monopoly,” Mr. Epstein says, “and again you act to do article about it, and again you accept an industry that’s competitive, at atomic in part. But it’s amiss competition, because these guys don’t accept the reach.”

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Mr. Trump had 89 actor Twitter followers. “They are not activity to go away, whether Twitter brand them or not,” Mr. Epstein says. “So he’s actually activity to alpha to accommodate with addition network.” Mr. Epstein sees this as “a funny chicken-and-egg situation”: “Twitter is, we’re saying, a austere cartel we accept to regulate. But now that it’s abusive, it’s no best a cartel because we accept these added guys advancing in, and they’re activity to try to do Twitter in.”

Mr. Epstein warns of animal political consequences: “What you’re seeing now is an abhorrence of companies like Twitter and Facebook to abide bourgeois allocution on their networks. What you’ll now get is bourgeois networks and advanced networks, and they won’t overlap.” This will heighten political polarization, as “each accumulation starts to accept to its own, and they get madder and madder about what’s activity on.”

Yet such a bazaar band-aid may be the best we can achievement for. “The safest ascendancy adjoin a monopoly—in every bazaar that you’d affliction to invent—is new entry,” Mr. Epstein says. In any case, who would the enforcers be for a abeyant nondiscrimination aphorism adjoin social-media monopolies? The acknowledgment underscores the unlikelihood of such action: “It’s activity to be about the Biden administering cogent the Twitter aggregation that they can’t discriminate adjoin Trump.”

Mr. Varadarajan is a Journal contributor and a adolescent at New York University Law School’s Classical Advanced Institute.

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