You make a rather persuasive rhetorical question. I had been considering "social media" as the public forum, but the real public forum is Total War centre!Originally Posted by Ferrets54
Re: The issue of free speech in private and social media.
You make a rather persuasive rhetorical question. I had been considering "social media" as the public forum, but the real public forum is Total War centre!
Comes Limitis
Re: The issue of free speech in private and social media.
In fact, also in this case ..
Dux Limitis
Re: The issue of free speech in private and social media.
https://www.law.cornell.edu/wex/forums
The Supreme Court has determined long ago what constitutes a public fourm. As seen in my link social media is in no way listed as any kind of public forum legally.
Not only that it points out that some public property is not considered a forum at all such as public broadcasting.
Facebook by legal definition is not a public forum in the US. The percentage or amount of people using social media or any other type of media doesn't matter when dealing with what is a public forum in the US.
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Patricius
Re: The issue of free speech in private and social media.
Clearly this is the problem - definition needs to be updated, since now we have platforms like Twitter and Facbeook, which are used by majority of population, current legislation essentially allowing their owners to determine what can be said on the Internet.
Dux Limitis
Re: The issue of free speech in private and social media.
Definition updated? Did you ignore the source? Private companies aren't bound by public forum laws. Not only that even public broadcasting itself isn't completely considered a public forum.
Newspapers nor Television itself which are used by a majority of the population are subject public forum laws.
The Supreme Court also ruled that even in public forum the government was allowed to discriminate and restrict speech. So even if you somehow overturned legal precedent set in 1983 and 2018 itself Facebook would be allowed under current law on public forum to restict speech and discriminate.
Just because a large amount of people use social media doesn't make it a public forum. Newspapers and Television were used by the majority of people in 1983 and yet the Supreme Court determined they were not public forums.
At the end of the day private companies have rights whenever you like it or not and you have legal footing to stand on for any of your opinions.
Last edited by Vanoi; November 24, 2018 at 12:05 PM.
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hoi polloi
Re: The issue of free speech in private and social media.
How would that work, at what tipping point is a privately run platform no a public form - does change a I what if Facebook tanks in popularity do they get to go back to private?Clearly this is the problem - definition needs to be updated, since now we have platforms like Twitter and Facbeook, which are used by majority of population, current legislation essentially allowing their owners to determine what can be said on the Internet.
IN PATROCINIVM SVB Dromikaites
'One day when I fly with my hands - up down the sky, like a bird'
But if the cause be not good, the king himself hath a heavy reckoning to make, when all those legs and arms and heads, chopped off in battle, shall join together at the latter day and cry all 'We died at such a place; some swearing, some crying for surgeon, some upon their wives left poor behind them, some upon the debts they owe, some upon their children rawly left.
Hyperides of Athens: We know, replied he, that Antipater is good, but we (the Demos of Athens) have no need of a master at present, even a good one.
Patricius
Re: The issue of free speech in private and social media.
I'd presume so. There is nothing wrong with forcing popular outlets to give platform to everyone. I'm okay with sacrificing rights of rich private corporations for everyone else's benefit.
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