
First Amendment doesn’t apply on YouTube; judges reject PragerU lawsuit - MBCook
https://arstechnica.com/tech-policy/2020/02/first-amendment-doesnt-apply-on-youtube-judges-reject-prageru-lawsuit/
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ddingus
I think this is fair.

It is also a supporting argument for a public forum, square, something where
the people can gather and benefit from the First Amendment.

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user53836
So, because we don't have a forum owned by a state actor, by law, we don't
have free speech on internet? Is that the conclusion?

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krapp
The First Amendment doesn't define free speech. The First Amendment explicitly
and exclusively prohibits Congress, and only Congress, from restricting free
speech. Free speech exists apart from the First Amendment.

Youtube is not Congress, therefore the First Amendment does not prohibit
Youtube from restricting free speech. There is no Constitutional law that I am
aware of that requires all private entities, platforms and persons to accept
all forms of speech, or that requires publishers to publish all forms of
speech, nor is there a common, legally accepted definition of free speech
which assumes the same. Private platforms and entities have always been able
to restrict free speech, and continue to be able to do so. The nature of free
speech, in this regard, either in society or on the internet, has not changed.
Whoever runs the site, the newspaper, the tavern or town square gets to make
the rules, that's always been the case.

That's the conclusion. Although I have no doubt the Orwellian slippery slope
arguments are getting greased up I write this.

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user8313
> therefore the First Amendment does not prohibit Youtube from restricting
> free speech.

If YouTube can restrict free speech, Google Groups can restrict free speech.
And Facebook can restrict free speech. And WhatsApp, Messenger, Instagram,
Twitter, Reddit, Slack, HN etc. etc. etc.

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krapp
Yes.

They're private companies offering a service under their own terms which the
consumer can take or leave, of course they can do that. The salient point
however is that the First Amendment was never intended to apply to private
enterprise.

