“”We hold that portions of the @realDonaldTrump account — the ‘interactive space’ where Twitter users may directly engage with the content of the President’s tweets — are properly analyzed under the “‘public forum’ doctrines set forth by the Supreme Court, that such space is a designated public forum, and that the blocking of the plaintiffs based on their political speech constitutes viewpoint discrimination that violates the First Amendment,” Buchwald wrote.”. CNN reports.
There has been a huge debate on whether or not social media is a Public forum or Nuteral public forum. This is a huge distinction. If the supreme court has ruled hate speech is free speech than Facebooks “terms and conditions” seem mute.
“We now hold that this provision violates the Free Speech Clause of the First Amendment,” Justice Samuel Alito wrote of the provision in his plurality opinion. “It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend.” reported by Townhall Supreme Court Unanimously Reaffirms: Hate Speech Is Still Free Speech
On February 27, 2017, for the first time, the U.S. Supreme Court discussed social media in the context of the First Amendment, recognizing social media as “a crucially important channel of political communication,” arguably deserving of First Amendment protection.
If this holds Facebook is violating our First Amendment rights for blocking those expressing conservative views like in the case of Diamond and Silk. I for one am thinking about filing a suit for the numerous times they have blocked and restricted me. I received a death threat!!
My sin in this mans eyes? I posted some Bible verses. I screenshot this and made it a post saying if something happens to me this is why. Facebook and their censors banned me for 30 days!!! There is no way to address the issue with Facebook. There is no customer service division, no number to call just a box that I fill out every time I am banned and never get a response.
I know I am not alone in this. There are many banned for conservative views. Is it time we ban together and file suit? Is Facebook untouchable? By going after Donald Trump have they really opened up a can of worms?
If you have been banned from Facebook or Twitter or any other social media I would like to hear from you. Please comment below. There is power in numbers and we can hit Facebook where it counts!! Are you tired of just complaining? Let’s do something about it!!
The definition of public forum is generally a government-controlled space, but there are exceptions to that. For example, prisons and military bases are not public forums.
The definition can also include spaces not generally open as public forums that the government has declared to be public forums. It can also include a space which would not otherwise be a public forum, but is being used as a public forum and has gone unchecked by the government and becomes public forum by default.
“It raises the question: Are social media platforms like Twitter subject to the First Amendment? Is there a right to free speech on social media owned by private corporations? The Knight First Amendment Institute thinks so.” wrote Lincoln Caplan at wired.com The Knight First Amendment Institute sued Donald Trump over Blocking Twitter critics.
One could also argue that social media is the new platform for news today. The Pew Research Center reports, News Use Across Social Media Platforms 2017
If this is the new platform for news than censoring someone for their “political” or “religious” views would violate their 1st Amendment right to free speech. It would also violate the consumers who view the news because they would no longer be able too.
This is a legal issue that needs to be addressed. Free Speech is at stake!!
Please, share with all you know who have been blocked by social media and let’s take down this giant together by showing them they are not above the Constitution of the United States. We are not Europe !!
This is where this kind of thinking leads. It is our duty to protect Free Speech and our Rights. If you won’t who else will? Please, share and comment below if you have had your 1st amendment rights violated by the unfair censors of social media!!~RJH