LA CROSSE, Wis. (WKBT)- Social Media sites cracked down on the President earlier this week, and Facebook has decided to keep the ban on Trump’s account until at least Inauguration day. Local experts explain why Facebook has the right to ban users from their platform.
“It applies to the government and the restrictions on what the government can and cannot do,” said political analyst Anthony Chergosky.
The First Amendment guarantees the right to religion, freedom of speech and press, the right to assemble and to petition the Government for a redress of grievances.
What it doesn’t protect..? Things that are posted to social media.
“In terms of getting banned from social media, or getting your account suspended the First Amendment has nothing to do with that,” said Chergosky.
The reasoning why; social media platforms like Facebook. Twitter and Instagram are all private companies.
“They are able to take down certain content based upon their interpretation of whether or not it is medical misinformation, hate speech or inciting violence, that sort of thing,” said attorney Scott Curtis.
They can take down posts or entire pages and profiles because when people sign up, they agree to the terms of service.
Which includes portions that allow the company to have control over your accounts and violate what you think might be your constitutional right.
“It’s really not a constitutional issue because there’s no state actor involved,” said Curtis.
It all comes back to the details of the first amendment.
“It’s all about checking and reducing and restricting the power of the government. it does not apply to private companies,” said Chergosky.
“Right now those companies have immunity for purposes of any speech that’s posted to their sites,” said Curtis.
So before you decide to post, or get angry because others are banned, know that it’s up to the platform’s discretion to decide what can and can’t be posted.
Curtis says the user agreements serve as each platform’s own set of rules. But a movement called ‘Repeal Section 230’ calls for internet platforms to be held responsible for what users post on their sites.
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January 09, 2021 at 05:51AM
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