"What is it now? Either Netflix is legally allowed to act like this or the twitter users are legally allowed under fair use. It can't be both right, can it?" I

"What is it now? Either Netflix is legally allowed to act like this or the twitter users are legally allowed under fair use. It can't be both right, can it?" It is in fact both. Fair use is a defense in copyright claims and can only be determined by a court, so Netflix can legally claim they believe their IP s being violated and then fair use can then be used as a defense against that claim. "The First Amendment deals with the government, not private companies. If this were true, every user blocked from Twitter, Facebook, or Reddit could take those companies to court for violating the First Amendment." You are correct about the scope of the first amendment but still every user blocked can take those companies to court for violating the First Amendment. They will just lose.