Message from @wacka
Discord ID: 448928740685119489
wait, let me make sure that phrasing was clear. 1A is protection from government censorship of free speech. but not guaranteed free speech.
but lets look at the actual amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
the government cannot abridge free speech.
Tim pool: "First Amendment is protection of free speech from the government" <this
twitter is not the government. Trump, however IS the government.
technically its just congress cant make any laws about it... doesnt mean they wont do without making a technical law
(by they I mean the gov in general)
also Executive orders bypass congress dont they?
so that could be another route
I would need to read up on what limits an executive order may have.
it terms of the constitution, it may just count as overriding any vote to make a law. but if that law violates the constitution on what congress can pass, then it still fails
"In the United States, an executive order is a directive issued by the President of the United States that manages operations of the federal government and has the force of law.[1] The legal or constitutional basis for executive orders has multiple sources. Article Two of the United States Constitution gives the president broad executive and enforcement authority to use their discretion to determine how to enforce the law or to otherwise manage the resources and staff of the executive branch. The ability to make such orders is also based on express or implied Acts of Congress that delegate to the President some degree of discretionary power (delegated legislation)"
"Executive orders, while considered to have the force of law, can't be used to overturn laws – but the orders themselves can be overturned by Congress. The U.S. Supreme Court has declared some executive orders unconstitutional."
so congress would probably overrule it... but it sounds like it could be done
it could be, but then it can be overruled before being officially enacted. or it could be repealed.
unless.. congress specifically makes a law somehow enforcing free speech... so it cannot be abridged... then no EO can overrule it
thats not really how it works
congress could, technically, make any damn law they want. The constitution is, after all, just a piece of paper. Laws get passed all the time which are then challenged for review and labeled unconstitutional. Thats really how it works. So any congress or EO could abridge free speech. But that doesn't mean it will be upheld upon review
and if its found unconstitutional, it is thrown out immediately
in order to get around that, you'd basically have to fill the presidency, the supreme court, and most of congress with all people who support this... and then not piss them off ever.
at which point, the country is probably lost anyway
back to the subject at hand If you look back to the topic at hand, the declared trumps twitter account, not twitter as a whole, a public form
On an unrelated note the Battlefield V reveal will be soon and I was all hyped till I found it would be hosted by Trevor Noah.
Trevor isn't that bad as a comic on his own. there are better by far, but some of his off the cuff stuff can be decently funny when he is not talking politics
yeah twitter seems to go from private company that can do what it likes, to public forum depending on many things... the day of the week.. the cycle of the moon, what side of the bed trump falls out of
"To determine which of the standards of student expression applies in a given case, many courts first conduct a "public forum analysis." The public forum analysis determines whether individuals may have access to places for communicative purposes."
"we hold that **portions** of @realdonaldtrump count as a public form"
basically, he cannot deny people the ability to contact him on twitter, is how i am reading this
"the interactive spaces where twitter users may directly engage with content of the presidents tweets"
which this part i think backs up https://i.redd.it/xwm7ome3hnz01.png
yet they ban people all the time for no good reason
so
well, its not twitter that can't block people, its the owner of the account.
now, it would be interesting to see what would happen if twitter banned trumps account
if twitter bans someone that has ever directly engaged with the president on his tweets, thus removing their tweet from the public pervew. are they doing the same thing?
which, didn't it get temp deleted once by a leaving employee?
well they did.. for like a day or something
even if the ban was unrelated
Yeah
this really does open up some legality questions
if twitter is a public forum, even if its only on Trumps tweets
how much control do they have of it?
legally speaking
if its a public forum then doesnt even have the right to assembly