4 ms·
When a politician chooses to create a social media page for purposes of their office, any moderation efforts and actions they partake are done as officers/repre
by jamamp 8y ago
When a politician chooses to create a social media page for purposes of their office, any moderation efforts and actions they partake are done as officers/representatives of the local/state/federal government. As such, they are not allowed to restrict the freedom of speech of individuals, because they are acting on behalf of the government, which would be in violation of the First Amendment.
It doesn't matter where this happens, only who is enacting the moderation.
This is why private companies can do so, because it's the private entity that is moderating content instead of an official of the government. A private company administering their own subreddit on Reddit, another private entity, could also moderate comments and content.
- burfog 8y agoVisit congress or the supreme court while in session, start cheering for one side, and see how fast you get removed.
- casefields 8y agoOutside their buildings you can have at it 24/7 365 days a year. But inside, there are decorum rules that everyone must follow to allow their respective institutions to function. That absolutely is a trade off that everyone, except muckrakers, would agree with.
- PhasmaFelis 8y agoIs Congress-in-session a public forum? It seems to me that politicians have many venues to hear from their constituents, but the legislature floor isn't really one of them.
- burfog 8y agoI didn't say the floor. There is a balcony. The public can go there. It is as much a public forum as a politician's Twitter account. Much the same is at the Supreme Court; they offer tickets first-come-first-served if you get there early enough.
- PhasmaFelis 8y agoIt's for public observation, but that doesn't make it a public forum. To do their jobs, politicians need to (a) listen to their constituents and (b) legislate, and it makes plenty of sense to have times and places set aside for both. The legislature floor (when the politician is there, I know there's a balcony) is the latter.
- burfog 8y agoAnd the same goes for a social media account. It's a place for you to observe.
- PhasmaFelis 8y agoIf politicians were using their Twitter accounts for push notifications only, they wouldn't be blocking anyone because they wouldn't be reading anyone. A newsfeed, campaign website, or certain kinds of blog might be closer to what you're talking about. Social media is explicitly for two-way communication.
- burfog 8y agoThe courts have ruled in favor of free speech zones. I don't see why that wouldn't apply here. Your own account is your free speech zone.