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Thread: Election Predictions
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01-18-2021, 09:06 AM #3337Hall Of Fame Poster
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01-18-2021, 01:22 PM #3338
Re: Election Predictions
Marsh v. Alabama, a private business was found in violation of the 1st Amendment. That was just a small town, not a massive online public space that exists exclusively for speech.
https://en.wikipedia.org/wiki/Marsh_v._Alabama
The State attempted to analogize the town's rights to the rights of homeowners to regulate the conduct of guests in their home. The Court rejected that contention, noting that ownership "does not always mean absolute dominion." The court pointed out that the more an owner opens his property up to the public in general, the more his rights are circumscribed by the statutory and constitutional rights of those who are invited in.
In its conclusion, the Court stated that it was essentially weighing the rights of property owners against the rights of citizens to enjoy freedom of press and religion. The Court noted that the rights of citizens under the Bill of Rights occupy a preferred position. Accordingly, the Court held that the property rights of a private entity are not sufficient to justify the restriction of a community of citizens' fundamental rights and liberties
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01-18-2021, 01:25 PM #3339
Re: Election Predictions
Based on that case, it seems pretty clear Twitter and Facebook's policies of shadowbanning, de-boosting, and their censorship are 1st Amendment violations.
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