The First Amendment and Social Media, Again

AP Photo/Evan Vucci, File
In a rather unprecedented, but not altogether unsurprising move recently, former President Trump and his team announced the creation of a social media platform after being banned off of several of them earlier this year due to false claims of campaign fraud as well as content relating to the January 6 riot. 

In a deliberate move to counter the sites Trump was pushed off of earlier this year, in the platforms Terms of Service it "bar users from annoying any of the site’s employees and from statements that “'disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.'” In essence, users of the platform cannot make aggressive or inflammatory statements against the site - and one can assume former President Trump. 

So how does this relate to the First Amendment again? In one of my earlier blog posts, I discussed how at the very base, social media platforms do not fall under the protection of the First Amendment. When many political actors were being banned from these sites at the end of last year and the beginning of this year, they were crying "Freedom of Speech", but while these sites are public they are not the government w
hich is the primary entity that the first amendment protects citizens from. So while this platform may not be an ideal addition to the web, there is little the government can do about it when it comes to banning certain profiles or posts.

And that is how Donald Trump circumvented the system. Again. 

https://apnews.com/article/donald-trump-technology-business-media-social-media-b89e2e49345c125d8e6832a50821948f

Comments

  1. Keats, great post! I agree it’s not surprising that Trump, and those in his corner, have created a social media platform. Now, what does this mean for his followers, and what is to come in the future? My predictions are he’ll probably “allow” freedom of speech, similarly to what Parler advertised. According to his most recent statement, Trump is still pushing the idea that the 2020 election was stolen. With that being said, this will be a great space to continue that conversation. I feel that this will be a 4Chan/8Chan/Parler that revolves around Trump. This is not an ideal design for a platform, for any political or cultural figure, as it can be a breading ground dangerous thinking. It’ll be interesting to see how this platform grows (or not) in the coming months.

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