Posted on 10/17/2018 9:52:58 AM PDT by TigerClaws
he Supreme Court has agreed to hear a case that could determine whether users can challenge social media companies on free speech grounds.
The case, Manhattan Community Access Corp. v. Halleck, No. 17-702, centers on whether a private operator of a public access television network is considered a state actor, which can be sued for First Amendment violations.
The case could have broader implications for social media and other media outlets. In particular, a broad ruling from the high court could open the country's largest technology companies up to First Amendment lawsuits. That could shape the ability of companies like Facebook, Twitter and Alphabet's Google to control the content on their platforms as lawmakers clamor for more regulation and activists on the left and right spar over issues related to censorship and harassment. The Supreme Court accepted the case on Friday. It is the first case taken by a reconstituted high court after Justice Brett Kavanaugh's confirmation earlier this month. PLAY VIDEO Facebook says security breach affected 30M, not 50M, accounts On its face, the case has nothing to do with social media at all. Rather, the facts of the case concern public access television, and two producers who claim they were punished for expressing their political views. The producers, DeeDee Halleck and Jesus Melendez, say that Manhattan Neighborhood Network suspended them for expressing views that were critical of the network.
In making the argument to the justices that the case was worthy of review, attorneys for MNN said the court could use the case to resolve a lingering dispute over the power of social media companies to regulate the content on their platforms.
While the First Amendment is meant to protect citizens against government attempts to limit speech, there are certain situations in which private companies can be subject to First Amendment liability. Attorneys for MNN have made the case that social media companies are clearly not government actors. But in raising the question, they have provided the Supreme Court an opportunity to weigh in.
People who would like to stick it to Zuckerberg etc should realize that this can also be used against sites like this. Beware.
Non Dot Gov websites are not government actors, and are not subject to the First Amendment.
I’m excited waiting for the Creepy Porn Lawyer to appeal his Stormie case up to the USSC! That will be fun to watch.
This is all very simple, either they control and are responsible for the content or they are simply a forum, not claiming ownership or responsibility. They cannot have both. The first, responsibility means they insert their bias and are liable for the result. The latter, they don’t. Either way, they make lots of money. More in the latter. As a profit decision, I suspect they’ll opt for the latter eventually.
Selective enforcement is the real issue.
They waited until they were monopolies and a critical election approached to use the agreements to silence their opponents.
If they had enforced them all along, alternative sites would have arisen, which is why they didn’t.
Federal courts have ruled that they are a form of public utility and carry the same 1st Amendment protections.
It sucks they can shadow censor but this could come back and bite us this has the potential to impose a fairness doctrine to the internet.
They may not be government actors....but they are picking out items relating to our government.
Rush Limbaugh has explained the Fairness Doctrine many times, and that it did not impact his show in any way.
We can get them on selective enforcement. Enforce it all the time, or not at all.
Choosing to enforce it at election time is election interference.
He can’t even appeal it. It was dismissed and d*** a** has to pay Trump’s attorney fees.
“Federal courts have ruled that they are a form of public utility and carry the same 1st Amendment protections.”
Then that court is legislating from the bench, and has no respect for our Constitution, conservatism, or limited government.
I don’t like Google, Facebook and Twitter censoring speech based on their political bias, but they are not the government. They are private companies and what folks are using is in reality their property - their means of Internet publishing.
I also don’t like the bias and actual news censoring of the dominant media companies, but there again THEY ARE private corporations.
I don’t think I want courts turning private companies into de facto handmaidens of government “free speech” mandates, by the courts, the executive branch or Congress.
I would hope sooner or later public social & financial persuastion would get them to reform themselves.
There are schedule limits to how many programs can air in a day.
Not so websites, facebook posts, or youtube videos.
A publisher doesn’t have to produce every book, a printer doesn’t have to print every tract, etc...
Those who are now in ‘violation’ didn’t violate any speech codes or copyright matters.
the feds should be doing this and not give the power to the courts
Ain’t disagreeing with you. But until such a time as the SCOTUS smacks them down, their rulings stand.
“Rush Limbaugh has explained the Fairness Doctrine many times, and that it did not impact his show in any way.”
The Fairness Doctrine was abolished in 1987.
Now THIS could be YUGE!
I agree. I sometimes wonder why Supreme Court looks at certain cases.
Citation, please.
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