The Evolving Free-Speech Battle Between Social Media and the Government

Technically, when the press secretary is operating as the press secretary, she’s not a First Amendment-rights holder. The First Amendment limits the government, constrains the government, but protects private people. And so when she’s a private citizen, she has all her ordinary-citizen rights. Government officials technically don’t have First Amendment rights.

A huge range of activities—some that I find troubling and some that don’t seem to be troubling. Public statements by members of the White House or the executive branch expressing dissatisfaction with what the platforms are doing. For instance, President Biden’s famous statement that the platforms are killing people. Or the Surgeon General’s warning that there is a health crisis caused by misinformation, and his urging the platforms to do something about it. That’s one bucket.

This is not the first case to make claims of this kind. This is actually one of dozens of cases that have been filed in federal court over the last years alleging that the Biden Administration or members of the government had put pressure on or encouraged platforms to take down vaccine-skeptical speech and speech about election misinformation. What is unusual about this case is the way that the district court responded to these claims.

The platforms are incredibly powerful speech regulators. We have largely handed over control of the digital public sphere to these private companies. I think there is this recognition that when the government criticizes the platforms or puts pressure on the platforms to change their policies, that’s some form of political or democratic oversight, a way to promote public welfare. And those kinds of democratic and public-welfare concerns are pretty significant.

That was a fascinating response, but you didn’t totally answer the question. How should a court step in here without going too far?

Source: Law Daily Report (lawdailyreport.net)

United States Latest News, United States Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

Texas TikTok Ban Challenged by Free-Speech GroupFree-speech advocates and academics sued Texas over its TikTok ban, saying it violates the First Amendment rights of public-university faculty.
Source: WSJ - 🏆 98. / 63 Read more »

GOP Reps. Marjorie Taylor Greene, Matt Gaetz are suing Riverside, AnaheimThey allege the cities violated their free speech rights by canceling a 2021 rally.
Source: mercnews - 🏆 88. / 68 Read more »

Opinion: Readers have strong -- and evolving -- feelings on paroling Leslie Van HoutenNo incarcerated person has drawn such intense interest from our letter writers in recent years as Manson 'family' member Leslie Van Houten, who was just released from prison.
Source: latimes - 🏆 11. / 82 Read more »

Read SAG-AFTRA President Fran Drescher's fiery speech announcing actors' strike'What are we doing? Moving around furniture on the Titanic?' said Fran Drescher. 'The jig is up, AMPTP. We stand tall. You have to wake up and smell the coffee.' Read the SAG-AFTRA president's impassioned speech in its entirety:
Source: latimes - 🏆 11. / 82 Read more »