Thursday, January 18, 2024

Freedom of Speech

 

Everybody’s Talkin’

Everybody's talking' at me
I don't hear a word they're saying'
Only the echoes of my mind

Is it the public town square where the talking is taking place?

Does the First Amendment of the US Constitution  guarantee freedom of speech?  It does protect against government regulation.  Your right to speak in a private place, not a public place, is never an abridgement by the government.  In a private setting, your rights are subject to the owner of the space in which you are making that speech, not the government.  You are also free to exercise the right to speak, but you are not exempt from the consequences of that speech.  Libel, defamation, harassment, etc. can be judged a consequence of that speech.  The owner of the space in which that speech is made may be judged an accomplice and thus be liable for your speech.

The problem is that the space in which that speech is exercise is probably NOT a public space.  A town square is a public space, but a retail store is NOT a public space.  Most social media platforms (e.g. Facebook, X [formerly Twitter], Instagram, Tik Tok, etc.) are private companies/spaces, not public spaces. They may use public resources (e. g. air waves) in which case they may be subject to public regulation, but they are still private companies.  They can regulate your speech to protect their own interests. 

You are also only guaranteed the right to speak.  There is no guarantee that anyone will listen. Maybe you will hear only the echoes of your mind.

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