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by PaulDavisThe1st 849 days ago
You're reading this backwards.

The original claim here was a corporation cannot infringe first amendment rights.

That was followed by the claim that this is actually in the Constitution.

But the constitution does not say this. It says (if you go with the corporations-are-people-with-first-amendment-rights interpretation) that the government may not abridge the first amendment rights of corporations (and, usually the accompanying implicit coda, nor the rights of individuals using technology provided by corporations).

1 comments

> The original claim here was a corporation cannot infringe first amendment rights.

Yes, because the first amendment is explicitly about rights protecting you from the government.

If a law says "the government can't do X to you", then nothing individuals or corporations do can violate that law. Obviously. I'm not sure why this is difficult to grasp.

"Precedent" would imply that this is merely the interpretation of earlier courts, but no, the first amendment is quite explicit about what the rights therein are protecting you from, and it's not private groups.

> If a law says "the government can't do X to you", then nothing individuals or corporations do can violate that law.

Other individuals and corporations have many rights with respect to other individuals and corporations that are not shared with the government.

In this particular aspect, the government cannot abridge your right to free speech, but this is widely understood as referring only to free speech essentially controlled by government (i.e. public contexts). I am (relatively) free to limit your "free speech" in my magazine or blog or youtube channel.

Part of the question before the court is the extent to which social media is closer to a government controlled space or context or a private publication.

> Other individuals and corporations have many rights with respect to other individuals and corporations that are not shared with the government.

Agreed, and those are written in things other than the First Amendment.

What were we discussing, again?

> Part of the question before the court is the extent to which social media is closer to a government controlled space or context or a private publication.

Which is patently absurd. There are some grey areas for the First Amendment, but "is a private corporation actually the government?" isn't one of them. That's extremely black and white. Republicans arguing otherwise just don't like that some corporations have at least attempted to moderate hateful speech and misinformation.

Now, maybe if tech platforms had been granted a monopoly by the government, like some utilities, then sure, but that's not the case here.

> What were we discussing, again?

Whether (a) corporations can interfere with individual free speech (b) the constitution contains actual text that says so (one way or another)

Some GGGP or something claims that

> Private companies can't violate an individual's First Amendment rights. Only governments can.

to which a child comment claims

> It's not just precedent, it's written into the Constitution.

Right, and so far we've seen that's true, despite your various tangents about related but distinct issues. Glad that's settled.
Mmmmm-Hmmmmm.