This is an ahistorical, anti-Constitutional, anti-1A attitude. “It’s a private company so I can do whatever I want with your speech” was not the historical norm for hundreds of years in America. When property owners tried this repeatedly for hundreds of years courts slapped them down over and over again.
Before the Internet this was not the case. In Marsh v. Alabama, it was ruled (in line with all previous precedent) that privately owned roadways and sidewalks had to allow religious pamphleters, even though it is private property. The court asserted that anywhere that is the forum for public discussion is de facto allowed for political and religious speech regardless of property rights. In the very early days of the Internet things changed, when people tried to assert First Amendment claims on Compuserve chats. Compuserve claimed they weren't the public square, that they were a private service. I think they were correct, in that Compuserve was a very marginal private space and couldn't possibly have been "the public square". But precedent over this tiny service were eventually laundered into much larger and more critical bits of social infrastructure.
In contrast to Compuserve, Twitter and Facebook are definitely the public square. You cannot petition for a redress of grievances or lobby for policy changes without using them. And the political left delights in suppressing their opponents on them but files lawsuits claiming their rights are infringed when they aren't given access to every inch -- such as when they sued Trump for blocking them on his Twitter account:
https://www.cbsnews.com/news/supreme-court-dismisses-trump-twitter-block-case/
“It’s a private company so they can violate your fundamental rights” is the most deranged position libertarians take. It’s complete trash.
Before the Internet this was not the case. In Marsh v. Alabama, it was ruled (in line with all previous precedent) that privately owned roadways and sidewalks had to allow religious pamphleters, even though it is private property. The court asserted that anywhere that is the forum for public discussion is de facto allowed for political and religious speech regardless of property rights. In the very early days of the Internet things changed, when people tried to assert First Amendment claims on Compuserve chats. Compuserve claimed they weren't the public square, that they were a private service. I think they were correct, in that Compuserve was a very marginal private space and couldn't possibly have been "the public square". But precedent over this tiny service were eventually laundered into much larger and more critical bits of social infrastructure.
In contrast to Compuserve, Twitter and Facebook are definitely the public square. You cannot petition for a redress of grievances or lobby for policy changes without using them. And the political left delights in suppressing their opponents on them but files lawsuits claiming their rights are infringed when they aren't given access to every inch -- such as when they sued Trump for blocking them on his Twitter account:
https://www.cbsnews.com/news/supreme-court-dismisses-trump-twitter-block-case/
“It’s a private company so they can violate your fundamental rights” is the most deranged position libertarians take. It’s complete trash.
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