Restriction of the First Amendment rights.
The First Amendment is a protection against governmental actors, and Twitter isn't.
Restriction of the First Amendment rights.
The First Amendment is a protection against governmental actors, and Twitter isn't.
I so wish all the conservative patriots here knew what the Bill of Rights actually states. It's bad enough when all the woke liberals cry about freedom of speach.
While this is true there is a case which deals with this situation that is along the same bounds as herein.
https://en.wikipedia.org/wiki/Marsh_v._AlabamaThis woman was passing out flyers in a 'company town' which was privately owned. She was arrested for trespassing, but eventually the SC ruled in her favor as the sidewalk was allowed to be accessed by the public freely. Therefore by allowing such wide open access to the public the court ruled that her First Amendment rights should be held intact.
Many have long known about similar instances with yewtewb, giggle, twat'r, DARPAbook, etc., but so far no one has taken it to court so that everyone can have their First Amendment rights validated since these companies are essentially doing the same thing with their freely accessed, public 'sidewalk'.
I cannot see how it wouldn't be a slam dunk case, but I'm no jewdical Scholar.
Some interesting reading in your link:
Subsequent history
While the Marsh holding at first appears somewhat narrow and inapplicable to the present day due to the disappearance of company towns from the United States, it was raised in the somewhat high-profile 1996 cyberlaw case, Cyber Promotions v. America Online, 948 F. Supp. 436, 442 (E.D. Pa. 1996).[1] Cyber Promotions wished to send out "mass email advertisements" to AOL customers. AOL installed software to block those emails. Cyber Promotions sued on free speech grounds and cited the Marsh case as authority for the proposition that even though AOL's servers were private property, AOL had opened them to the public to a degree sufficient that constitutional free speech protections could be applied. The federal district court disagreed, thereby paving the way for spam filters at the Internet service provider level.
In Lloyd Corp. v. Tanner, the Supreme Court distinguished a private shopping mall from the company town in Marsh v. Alabama and held that the mall had not been sufficiently dedicated to public use for First Amendment free speech rights to apply within it.
Recently the case has been highlighted as a potential precedent to treat online communication media like Facebook as a public space to prevent it from censoring speech.[2][3] However, in Manhattan Community Access Corp. v. Halleck the Supreme Court found that private companies only count as state actors for first amendment purposes if they exercise “powers traditionally exclusive to the state."