5 ms·
The First Amendment restrains only Congress making law, not the Executive branch cooperating with corporations. Unless they did it in come round-about way under
by readflaggedcomm 5y ago
The First Amendment restrains only Congress making law, not the Executive branch cooperating with corporations. Unless they did it in come round-about way under an act of law which led to authorizing/funding this, I guess.
- garmaine 5y agoI think it is correct to say that the executive branch is only authorized to implement existing laws, and Congress creates those laws. So the executive branch is indirectly constrained. For every action X they take, they must cite a law which authorizes them to do X, and that law is made by Congress. So I guess more properly, either (a) this executive action is not backed by Congress and therefore unconstitutional, or (b) whatever law they think allows them to do this must be unconstitutional on 1st amendment grounds.
- dc396 5y agoYou seem to be (intentionally?) missing the point that anyone (government or not) notifying Facebook or other media of something does not equal a requirement under force of law to do anything about it. IF Facebook refused to take down dis- or misinformation after being notified of it AND the government then took some action against Facebook, THEN Facebook could probably bring a First Amendment case.