I think it's a blatant first amendment violation. Twitter are acting as agents to state to silence individuals. The federal government cannot pick and choose who gets to speak.
Do you understand that if it is a First Amendment violation (which I don't think it is), the party with standing to sue over it would be Twitter, who has not claimed they were coerced/forced by the government and has not sued or announced intention to?
Agreed, but that would require acting parties within Twitter to claim they were coerced or forced to act. Knowing who the acting parties were, that's highly unlikely. So I don't think the counter-argument holds much water.
"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."
To be clear, first amendment doesn't say the gov't shouldn't (let alone can't) ask you to do (or not do) something. It states that the legislative body of the federal government cannot make a law abridging the freedom of speech.
The text doesn’t just say make no law but also prohibiting the free exercise thereof. If the government makes some kind of implicit threat, for example that regulators might not look at a private company the same way if it doesn’t choose to comply with a request to censor someone, that’s clearly an infringement. The legislature doesn’t need to specifically pass a law banning speech for the actions of the government to be unconstitutional.
Joe Biden was a lifelong U.S. Senator, Vice President and a Presidential candidate. They were providing lists of people to silence, just weeks before he was elected as President. And you're arguing that because he was TECHNICALLY a private citizen at the time while the highest levels of Twitter was working at his campaign's behest to make sure he got elected President, that is somehow NOT a first amendment violation?
I would not be surprised to find out sometime that there are judges who might disagree with you on that point.
So you are saying the Trump team asking (as documented in the twitter thread) for things to be taken down was a 1A violation? Because only the government can violate the 1A the Biden campaign wasn't the government.
anoonmoose|3 years ago
andrew_|3 years ago
freejazz|3 years ago
To be clear, first amendment doesn't say the gov't shouldn't (let alone can't) ask you to do (or not do) something. It states that the legislative body of the federal government cannot make a law abridging the freedom of speech.
oceanplexian|3 years ago
shagie|3 years ago
rufusroflpunch|3 years ago
I would not be surprised to find out sometime that there are judges who might disagree with you on that point.
cycomanic|3 years ago