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| Name | Is There a First Amendment Right to Social Media? |
| Video Uploader | Video From TALKSONLAW |
| Upload Date | This Video Uploaded At 21-02-2020 20:43:57 |
| Video Discription | Does the First Amendment's free speech guarantee apply to our access to social media? We asked constitutional law professor and the long time president of the ACLU, Professor Nadine Strossen. In short, the answer is no. While the Supreme Court has found that social media have become an essential forum for public speech, the First Amendment itself is a restriction on the government and not on the private businesses, such as those that own the leading social platforms. In other words, the outcome is imperfect, while the platforms serve an important role, there are no constitutional rights to access them. In fact, the platforms themselves have First Amendment protections against the government meddling with their choices on who and how one communicates using their platforms. Prof Strossen explains, but also points to a recent SCOTUS case that suggests that the high court has its eye on social media and has concerns regarding the freedom of expression. Watch to learn more. ► http://www.talksonlaw.com for more legal explainers and interviews with the titans of law. ► Facebook: http://www.facebook.com/talksonlaw ► Instagram: http://www.instagram.com/talksonlaw ► Twitter: http://www.twitter.com/talksonlaw ____________________ TRANSCRIPT Many people are complaining about being kicked off social media platforms, either because of particular posts or because of a series of posts. And the question arises, do you have a right not to be kicked off Facebook, Twitter, etc.? My name is Nadine Strossen. I am a professor of law at New York Law School, and for many years, I was the head of the American Civil Liberties Union. So the answer to the question, "Do you have a right not to be kicked off a social media platform?" is no! You have no such right. Many people are shocked to learn that the First Amendment free speech guarantee, along with all constitutional rights, only protects us against the government. So, if the government interferes with your freedom of speech, you can bring a First Amendment lawsuit to challenge that. And that's true whether we're talking about a federal government official or a state or local government official. But guess what? 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. So, just as the New York Times or CNN or any other traditional media platform has no obligation to host your particular message, the same is true for social media. And this is of great concern because as a practical matter, the social media have become the dominant platform for the exchange of information and ideas. In fact, the U.S. Supreme Court recognized in a unanimous opinion in 2017 that the social media platforms are the most important platforms for the exchange of information and ideas and communication, not only among all of us as individuals with our friends and family members, but also between us and government officials and politicians. So, it's really important not only for our individual freedom of speech to be meaningful, but also for our rights as citizens in a participatory democracy to have equal access to social media platforms. That is why so many people, so many government officials, so many human rights agencies and activists are thinking very hard and working to implement other ways to protect equal and fair access to social media platforms for all of us, even if our ideas are unpopular or controversial. So, in a nutshell, do you have any constitutional First Amendment free speech right to air your views on any social media platforms? The answer is no. My name is Nadine Strossen, professor of constitutional law, former head of the ACLU. Thanks for watching TalksOnLaw. |
| Category | Education |
| Tags | first amendment right to social media | free speech right to access social media | can facebook deactivate your account | constitutional rights | aclu | talksonlaw | nadine strossen |
