5 ms·

The first amendment constrains the government. A social media site censoring your post does not infringe on your first amendment rights. It limits your speech,

The first amendment constrains the government. A social media site censoring your post does not infringe on your first amendment rights. It limits your speech, but the 1A protects your right to be free of government interference with your speech.

g42gregory 5y ago
Basically you saying that the first amendment does not apply to the platform companies. Ok, that part makes sense to me.
- URSpider94 5y ago
  Private companies have the ultimate decision of what speech they allow on their platforms. This has always been true. The right of free speech includes also the right to not speak - no private platform can be compelled to publish speech that they don't want to publish; doing so would be a violation of their first amendment right to dictate how they speak and don't speak.
- JoshTriplett 5y ago
  What you choose to repeat or amplify is an aspect of speech. In other words, the first amendment protects both people's ability to say (or not say) whatever they like without governmental restriction, as well as others' ability to host (or not host) whatever speech they'd like without governmental restriction. In addition, this falls under freedom of association; people (individually and in groups) are free to choose who they associate with, and include or exclude anyone they like based on any criteria they like (with certain specific exceptions regarding protected classes). "We reserve the right to refuse service to anyone" - for instance, a restaurant or store (or an individual at home) can kick out someone being disruptive, and so can a web host or social media platform.
- nonameiguess 5y ago
  It's not even just about freedom of speech. It's freedom of a private property owner to do whatever the heck they want with their property. Facebook and Google own their services. The government can't compel them to host content they don't want to host any more than it can compel me to nail a letter to my wall that you send me. I own that wall and can do whatever the heck I want with it.
meragrin_ 5y ago
> The first amendment constrains the government. It only specifically constrains Congress. It does not mention state governments.
- andylei 5y ago
  The incorporation doctrine applies the bill of rights to state governments: https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights#Amendment_I https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R...
  - meragrin_ 5y ago
    I would prefer to say the 14th amendment does: "nor shall any State deprive any person of life, liberty, ..."

g42gregory 5y ago

Basically you saying that the first amendment does not apply to the platform companies. Ok, that part makes sense to me.

URSpider94 5y ago
Private companies have the ultimate decision of what speech they allow on their platforms. This has always been true. The right of free speech includes also the right to not speak - no private platform can be compelled to publish speech that they don't want to publish; doing so would be a violation of their first amendment right to dictate how they speak and don't speak.
JoshTriplett 5y ago
What you choose to repeat or amplify is an aspect of speech. In other words, the first amendment protects both people's ability to say (or not say) whatever they like without governmental restriction, as well as others' ability to host (or not host) whatever speech they'd like without governmental restriction. In addition, this falls under freedom of association; people (individually and in groups) are free to choose who they associate with, and include or exclude anyone they like based on any criteria they like (with certain specific exceptions regarding protected classes). "We reserve the right to refuse service to anyone" - for instance, a restaurant or store (or an individual at home) can kick out someone being disruptive, and so can a web host or social media platform.
nonameiguess 5y ago
It's not even just about freedom of speech. It's freedom of a private property owner to do whatever the heck they want with their property. Facebook and Google own their services. The government can't compel them to host content they don't want to host any more than it can compel me to nail a letter to my wall that you send me. I own that wall and can do whatever the heck I want with it.

meragrin_ 5y ago

> The first amendment constrains the government. It only specifically constrains Congress. It does not mention state governments.

andylei 5y ago
The incorporation doctrine applies the bill of rights to state governments: https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights#Amendment_I https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R...
- meragrin_ 5y ago
  I would prefer to say the 14th amendment does: "nor shall any State deprive any person of life, liberty, ..."