3 ms·
I think this line of reasoning, while technically valid, is also what's being used to pervert the idea of freedom of speech. The idea behind the first amendment
by dotnet00 4y ago
I think this line of reasoning, while technically valid, is also what's being used to pervert the idea of freedom of speech. The idea behind the first amendment was that the government was the only entity which could realistically stop someone from saying something without running afoul of other existing legal frameworks when most public discourse was via literal town squares, so by limiting the government's ability to persecute speech, a more free 'market' of ideas could be encouraged.
These days a lot of public discourse is online and increasingly so. The argument that companies being forced to host ideas they disagree with can be construed as a free speech issue is reasonable (although not entirely convincing, as we clearly do find utility companies to be providing a service so essential that they can't arbitrarily refuse service), but equally there is the problem that the vagueness of the matter is being abused by small groups of people, thus not really leaving it as a free 'market' of ideas.
Nowadays a small group of people can do a ton of damage to someone simply by harassing the companies (and the clients of those companies) they rely on, taking it all the way to even getting bank accounts closed or cutting off payment processors. One can imagine that if water and electricity weren't classified as utilities they'd even go after those. Thus, some balance is needed because while it's technically possible to live without banking or to have a business without a (well known) payment processor, it's clearly an increasingly unreasonable limitation to be able to be imposed on anyone without a legal process.
Beyond that there's the point that social media companies often act as per the government's "suggestions", thus technically not violating the first amendment despite not really being in its spirit either. Facebook and/or Twitter doesn't legally have to do X when government hints at wanting it but if they don't they might happen to find themselves brought in front of Congress for a hearing about Y or facing regulation/investigation.
- em-bee 4y agoin germany (since 1995) and austria (apparently only since 2016) having a bank-account is a legal right.