The first exception is when an action to restrict speech by a private party involves a function that is traditionally and exclusively reserved for the State, which is known as the Exclusive Public Function Doctrine. ![]() That is, unless the private party attempting to restrict speech qualifies for one of the three exceptions to the State Action Doctrine. 3 In other words, a private person or private company (such as a social media company) cannot violate your constitutional free speech rights, only the government can do so. 2 However, under the State Action Doctrine, First Amendment restrictions traditionally do not extend to private parties, such as individuals or private companies. This protection is extended to the states, and to local governments, through the State Action Doctrine and the Due Process Clause of the Fourteenth Amendment. Congress) from making laws that restrict the freedom of speech. 1 The text of the First Amendment itself only prevents Congress (i.e., U.S. The overarching principle of free speech under the First Amendment is that its reach is limited to protections against restrictions on speech made by the government. This article will attempt to explain the relationship between social media and free speech so that we can understand why. Consequently, those who post on social media platforms do not have the right to free speech on these social media platforms. The primary grounds for these dismissals are that social media companies are not state actors and their platforms are not public forums, and therefore they are not subject to the free speech protections of the First Amendment. Lawsuits alleging free speech violations against social media companies are routinely dismissed. Who can or cannot restrict free speech? What type of speech can be restricted? And how does this apply to speech restrictions on social media platforms which have become so prevalent? The public seems to have a fundamental misunderstanding about the true extent of “freedom of speech” under the First Amendment. Meticulously researched and deeply humane, Free Speech demonstrates how much we have gained from this principle-and how much we stand to lose without it.Partner at Wick, Phillips, Gould & Martin, LLP Yet the desire to restrict speech, too, is a constant, and he explores how even its champions can be led down this path when the rise of new and contrarian voices challenge power and privilege of all stripes. Wells and modern-day digital activists-Mchangama reveals how the free exchange of ideas underlies all intellectual achievement and has enabled the advancement of both freedom and equality worldwide. Through captivating stories of free speech’s many defenders-from the ancient Athenian orator Demosthenes and the ninth-century freethinker al-Rāzī, to the anti-lynching crusader Ida B. In Free Speech, Jacob Mchangama traces the riveting legal, political, and cultural history of this idea. Today, in democracies and authoritarian states around the world, it is on the retreat. But it is a challenging principle, subject to erosion in times of upheaval. Hailed as the “first freedom,” free speech is the bedrock of democracy. ![]() “The best history of free speech ever written and the best defense of free speech ever made.” - P.J. ![]()
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