Message from @LotheronPrime

Discord ID: 448923667951517710


2018-05-23 18:56:38 UTC  

Being an asshole?

2018-05-23 18:56:41 UTC  

It's protected.

2018-05-23 18:57:10 UTC  

being an asshole and determining if their screeching is valid is subjective.

2018-05-23 18:57:25 UTC  

hence why it never looks good, regardless of how justified it might be

2018-05-23 18:57:38 UTC  

I wonder if Twitter artificially bumping up negative replies on Trumps Twitter and hiding positive ones also violates 1A rights if his Twitter is a public space.

2018-05-23 18:58:28 UTC  

i think there is a difference between twitter blocking their users from talking and trump doing it.

2018-05-23 18:58:36 UTC  

its their platform, their rules.

2018-05-23 18:59:04 UTC  

But if his twitter is considered a public forum it might be different.

2018-05-23 18:59:16 UTC  

well thats the question

2018-05-23 18:59:52 UTC  

because him not being allowed to block people is a restriction on his conduct while on the job of president

2018-05-23 18:59:58 UTC  

According to that it is a public forum.

2018-05-23 19:00:12 UTC  

then twitter has lost control of their platform

2018-05-23 19:00:32 UTC  

what are the "public form" doctrines

2018-05-23 19:00:51 UTC  

I agree. It doesn't look good. Though it's a private account, one that he controls. If that account is going to be considered a public platform, would his be the only one being affected by it?

2018-05-23 19:00:59 UTC  

nope

2018-05-23 19:01:00 UTC  

can't

2018-05-23 19:01:11 UTC  

thinkabout everyone who was banned from twitter

2018-05-23 19:01:17 UTC  

this sets a huge prescendence

2018-05-23 19:01:36 UTC  

if it's a public forum, how can you be banned strictly due to speech

2018-05-23 19:02:23 UTC  

save for the whole digital equivilent of yelling fire

2018-05-23 19:02:35 UTC  

```A public forum is a place that has, by tradition or practice, been held out for general use by the public for speech-related purposes.

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.1

There are three types of public forums:

I. A "traditional", or "open, public forum" is a place with a long tradition of freedom of expression, such as a public park or a street corner. The government can normally impose only content-neutral time, place, and manner restrictions on speech in a public forum. Restrictions on speech in a public forum that are based on content will be struck down, unless the government can show the restriction is necessary to further a compelling governmental interest.

II. A "limited public forum" or "designated public forum" is a place with a more limited history of expressive activity, usually only for certain groups or topics. Examples of a limited public forum would include a university meeting hall or a city-owned theater. The government can limit access to certain types of speakers in a limited public forum, or limit the use of such facilities for certain subjects. Despite these more proscriptive guidelines, however, a governmental institution may still not restrict expression at a limited forum unless that restriction serves a "compelling interest."

III. A "closed public forum" is a place that, traditionally, has not been open to public expression, such as a jail or a military base. Governmental restrictions on access to a nonpublic forum will be upheld as long as they are reasonable and not based on a desire to suppress a particular viewpoint. This standard is far more deferential to government officials.```

2018-05-23 19:02:51 UTC  

keep in mind, the first amendment is government censorship of free speech

2018-05-23 19:03:00 UTC  

no, its not

2018-05-23 19:03:04 UTC  

Tim even did a video on it

2018-05-23 19:03:19 UTC  

he did a video on free speech

2018-05-23 19:03:29 UTC  

and he pointed out exactly what you just said was not right

2018-05-23 19:04:30 UTC  

pretty sure he didn't, but lets see, its this one right? https://www.youtube.com/watch?v=SHoBsMx-U0w

2018-05-23 19:05:02 UTC  

it might be that one

2018-05-23 19:05:10 UTC  

hes done a ton of them on free speech haha

2018-05-23 19:06:16 UTC  

I think he even reference the XKCD comic

2018-05-23 19:06:36 UTC  

wait, let me make sure that phrasing was clear. 1A is protection from government censorship of free speech. but not guaranteed free speech.

2018-05-23 19:07:44 UTC  

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.

2018-05-23 19:08:03 UTC  

Tim pool: "First Amendment is protection of free speech from the government" <this

2018-05-23 19:08:29 UTC  

twitter is not the government. Trump, however IS the government.

2018-05-23 19:08:37 UTC  

technically its just congress cant make any laws about it... doesnt mean they wont do without making a technical law

2018-05-23 19:09:00 UTC  

(by they I mean the gov in general)

2018-05-23 19:09:35 UTC  

also Executive orders bypass congress dont they?

2018-05-23 19:09:53 UTC  

so that could be another route

2018-05-23 19:11:04 UTC  

I would need to read up on what limits an executive order may have.

2018-05-23 19:12:05 UTC  

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