Q&A

Are social media platforms obligated to protect free speech and expression?

Are social media platforms obligated to protect free speech and expression?

The prerogative of these platforms was to decide on the content they published. In effect, the content was subject to pre-approval of the relevant medium. The Supreme Court has also clarified that platforms are not expected to voluntarily take down illegal content unless directed by the appropriate authority to do so.

Does censorship of the Internet violate the First Amendment?

The First Amendment protects American people from government censorship. Censors seek to limit freedom of thought and expression by restricting spoken words, printed matter, symbolic messages, freedom of association, books, art, music, movies, television programs, and Internet sites.

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Is the media protected by the First Amendment?

The freedom of the press, protected by the First Amendment, is critical to a democracy in which the government is accountable to the people. A free media functions as a watchdog that can investigate and report on government wrongdoing.

What does First Amendment say?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

How does the First Amendment affect symbolic speech and hate speech?

Symbolic speech consists of nonverbal, nonwritten forms of communication, such as flag burning, wearing arm bands, and burning of draft cards. It is generally protected by the First Amendment unless it causes a specific, direct threat to another individual or public order.

Which of these would not be protected by the First Amendment?

Obscenity. Fighting words. Defamation (including libel and slander) Child pornography.

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Can you say whatever you want on the Internet?

ACLU, a unanimous Supreme Court specifically extended the First Amendment to written, visual and spoken expression posted on the Internet. Of course, the First Amendment doesn’t give us the right to say whatever we want, whenever we want, to whomever we want. But that doesn’t stop people from thinking otherwise.

Does social media have the right to enforce their terms of service?

Federal law prevents employers from discriminating against an employee because of their personal social media, and employers can legally terminate employees for a number of reasons that they may not truthfully disclose. “Employers may also use these platforms as informal background checks on a potential employee.

Are social media platforms protected by the First Amendment?

Facebook, Twitter, the other social media platforms are not the government. They are private sector entities, and therefore, they have no First Amendment obligation to protect your freedom of speech. To the contrary, they have their own First Amendment rights—their media right.

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Can social media sites be banned for violating their legal rights?

When social media critics argue explicitly or implicitly that Internet sites are violating their legal rights by banning them, they are usually relying on one of three legal concepts. The First Amendment Right to Free Speech, a Federal Law called Section 230 that protects websites from defamation suits and anti-discrimination law.

Does the Internet have a First Amendment?

The Internet has its own set of rules. Back when the First Amendment was ratified, in 1791, guaranteeing Americans freedom of speech and press, both public speakers and media outlets were scarce.

Does the First Amendment protect the right to free speech?

Back when the First Amendment was ratified, in 1791, guaranteeing Americans freedom of speech and press, both public speakers and media outlets were scarce. Now, social networking sites like Facebook and Twitter serve as a platform for anyone to express their views, and for two-thirds of Americans, they are a source of “at least some” news.