Imgflip Logo Icon

People who are denied their 1A rights should sue based on this.

People who are denied their 1A rights should sue based on this. | I KEEP HARING THAT TWITTER AND FB ARE PRIVATE BUSINESSES AND CAN DO WHATEVER THEY WANT; IN 1946, THE SCOTUS DECLARED, “[T]HE MORE AN OWNER, FOR HIS ADVANTAGE, OPENS UP HIS PROPERTY FOR USE BY THE PUBLIC IN GENERAL, THE MORE DO HIS RIGHTS BECOME CIRCUMSCRIBED BY THE STATUTORY AND CONSTITUTIONAL RIGHTS OF THOSE WHO USE IT.” MARSH V. ALABAMA | image tagged in scotus building | made w/ Imgflip meme maker
241 views 16 upvotes Made by Perspicacity 4 years ago in politics
SCOTUS building memeCaption this Meme
12 Comments
2 ups, 4y,
1 reply
2 ups, 4y
🤣👍
1 up, 4y
This is trickier than I think you imagine. Of course, Americans can take grievances to court. That's fine. With a 6-3 conservative court, would they go with stare decisis or siding with business on this? There is only one way to find out.
1 up, 4y
Nuclear Bomb Mind Blown | GAME OVER | image tagged in nuclear bomb mind blown | made w/ Imgflip meme maker
0 ups, 4y,
1 reply
There's also the 240 protection to be an independent platform rather than a publisher.
0 ups, 4y,
2 replies
I think you meant section 230 of the Communications Act of 1934 (47 U.S.C. 230). Section 230 only protects websites from being sued for what a user posts on their site. I don't believe it protects them from what they themselves do, but I could be wrong.
0 ups, 4y,
1 reply
The regs themselves set requirements for the protection.
0 ups, 4y
Please explain. What regulations are you referring to?
0 ups, 4y,
1 reply
https://www.law.cornell.edu/uscode/text/47/230
0 ups, 4y,
1 reply
While I am not a lawyer, I do not see how Congress can pass a law that specifically states that you can violate the Consitution. I would like to see someone fight that in court. By that logic, all the civil rights laws would not apply to private businesses.
0 ups, 4y,
1 reply
No where does the law say you can violate the constitution.
0 ups, 4y
In the link, section(c) 2(a) states.

"(A)any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or"

As you can see it says, "whether or not such material is constitutionally protected"

So if the material is constitutionally protected, then why is the law allowing Big Tech to remove it.

Also, why should Big Tech be the only one to determine what is objectionable? Who elected them?

That whole section needs to be rewritten to protect constitutionally protected speech.
SCOTUS building memeCaption this Meme
Created with the Imgflip Meme Generator
EXTRA IMAGES ADDED: 1
  • Chelsea Cat logo
  • IMAGE DESCRIPTION:
    I KEEP HARING THAT TWITTER AND FB ARE PRIVATE BUSINESSES AND CAN DO WHATEVER THEY WANT; IN 1946, THE SCOTUS DECLARED, “[T]HE MORE AN OWNER, FOR HIS ADVANTAGE, OPENS UP HIS PROPERTY FOR USE BY THE PUBLIC IN GENERAL, THE MORE DO HIS RIGHTS BECOME CIRCUMSCRIBED BY THE STATUTORY AND CONSTITUTIONAL RIGHTS OF THOSE WHO USE IT.” MARSH V. ALABAMA