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FreedomofSpeechonsocialmedia.docx

Freedom of Speech on social media

As we discussed in class, although private companies are not required to follow the First Amendment, nothing prevents them from doing so voluntarily.  Many people (see, Elon Musk) argue that there are strong reasons to believe that for social media companies should allow all speech that the First Amendment protects. 

As it stands now, Twitter, like Facebook and Google, has chosen to adopt content rules stricter than First Amendment standards. Facebook, for example, prohibits “hate speech” or “attacks,” which it defines as “violent or dehumanizing speech, harmful stereotypes, statements of inferiority, expressions of contempt, disgust or dismissal, cursing and calls for exclusion or segregation.” By contrast, the First Amendment generally protects hate speech unless it is intended, and likely, to cause imminent injury as was first introduced in  Whitney v. California (1927) and clarified in  Brandenburg v. Ohio, (1969).

There are four principles that have historically guided the Supreme Court in interpreting the First Amendment.  In  Whitney v. California (1927) Justice Louis Brandeis expressed all four in his opinion protecting almost all speech and those same principles, it is argued, should be used in determining whether social media companies should deregulate speech on their platforms.

 

Listed below are the four principles, under each I would like you to address the three prompts:

1. Briefly explain to me how you would interpret the principle, in your own words of course.

 

2. Make an argument  in favor of social media companies deregulating speech using the principle.

 

3. Make a counterargument as to why the principle  should not be used to justify speech deregulation on social media.

 

Principles (This is how it should be formatted for each of the principles) 

1. Freedom of conscience is an unalienable right because people can think only for themselves.

1. Briefly explain to me how you would interpret the principle, in your own words of course.

2. Make an argument  in favor of social media companies deregulating speech using the principle.

3. Make a counterargument as to why the principle  should not be used to justify speech deregulation on social media.

 

2. Free speech makes representatives accountable to We the People

 

3. Free speech is the best way to ensure the “discovery and spread of political truth.”

 

4. Free speech allows the public discussion necessary for democratic self-government

 

This assignment should be single spaced and typed. Each answer should include all three of the prompts above. Each principle should be copy and pasted above you answers. Additionally, I’ve created a rubric on Canvas for this assignment so that you know exactly what I’ll be looking for when grading. You may use The Atlantic article,  Elon Musk Is Right About Free Speech on Twitter    Download Elon Musk Is Right About Free Speech on Twitter as a guide but ultimately the arguments should be yours.