A First Amendment Right to Social Media?
Social media platforms have become powerful centers for expression and communication, but does the First Amendment protect access to these platforms? Renowned constitutional law professor and former head of the American Civil Liberties Union, Nadine Strossen, explains the status of free speech on social media platforms and shines light on the prevalent misunderstanding regarding constitutional rights in relation to private entities.
Professor Strossen underscores that the protections granted by the First Amendment apply solely to government infringements on free speech and do not extend to privately-owned entities such as Facebook and Twitter. She clarifies that these platforms, akin to traditional media outlets like the New York Times or CNN, possess their own First Amendment rights, thereby having no obligation to accommodate content or viewpoints they deem objectionable.
However, the significant role these platforms have as a "modern public square"—acknowledged in the unanimous 2017 U.S. Supreme Court opinion in Packingham v. North Carolina—raises profound concerns about equal and fair access. Strossen posits that due to the significance of these platforms, government officials, human rights agencies, and activists will likely continue to push for equitable access to social media through new regulations, rather than relying solely on First Amendment protections.
