Hacker News new | ask | show | jobs
by iamnothere 14 days ago
Regulating the format and presentation of displayed information, on some kind of online publication, is almost certainly regulation of speech. 1A violation.
1 comments

It's as much of a 1A violation as regulating that you can't preach the gospel with a megaphone in the middle of Times Square.
Times Square is a physical place with limited space. It has multiple uses and the road or sidewalk you’re standing on is a publicly owned thoroughfare. Your megaphone might damage the hearing of non-audience passerby if you have it turned up really loud.

That said, such a regulation would actually be unconstitutional unless it’s narrowly aimed at real concerns like blocking traffic. Snyder v. Phelps established that you can go protest with signs saying “God Hates F*gs” and yell at people during a military funeral. Believe it or not, sometimes free speech may be distasteful and disruptive.

The virtual world is very different. The audience is willing, there’s no passerby, no blocking traffic. Competing rights go out the window.

Is it illegal to preach with a megaphone in Times Square? I actually don't know.
Apparently NYC requires an inexpensive permit, this approach is sometimes allowed to balance competing uses.