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To: tired&retired

There absolutely is precedent that a private company or private property can be considered a “public forum” and therefore has to respect free speech / assembly rights.

The Colorado Supreme Court ruled in Bock v Westminster Mall that because they allowed a range of activities at the mall and also allowed government offices (recruiters for the armed forces) to set up kiosks that they had become a “latter day public forum” and could not deny free speech / assembly rights. This case in particular is pertinent.

The US Supreme Court ruled in Marsh V Alabama that owners of a private company town could not prohibit the distribution of religious tracts because they had treated the town as a public area.

Basically if a private business does certain things that act like a “public forum” then they become a public forum.

Facebook, Twitter, and YouTube allows business to use them, private citizens to use them, cities, etc. They also allow the government to use them. There are also a wide range of activities. Community postings, fund raising, etc. additionally, unless a person keeps their content “private”, the content is visible to anyone without an account, meaning it is “public”.

They have become a de facto “town square” and must not prohibit free speech activities. There is grounds for class action against all of the big 3.


56 posted on 10/12/2018 3:17:23 AM PDT by Sharin
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To: Sharin

Good point.

There are also the treatment of public utilities that are monopolies.

How ironic that a private baker can be fined for not putting a gay message on a cake, but an open public forum is not punished for prejudicial editing and blocking.


57 posted on 10/12/2018 3:34:08 AM PDT by tired&retired (Blessings)
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