Tag:First Amendment
Curbing Censorship: The Constitutional Challenges of Addressing Social Media Moderation
At a time when so many people rely on online spaces for news, connection, and the exchange of ideas, the balance between free speech and content moderation is more important than ever. In recent months, there have been rising concerns over potential government censorship and the proliferation of misinformation, especially on social media. The lack of transparency in the tech industry makes this issue uniquely tricky, as each platform’s distinct algorithms are largely proprietary. However, many users feel that their voices are being silenced based on the nature of the content they are releasing. The possibilities for remedying these concerns are limited, as the First Amendment expressly protects private companies from government censorship (including the requirement that they host specific content), but there are several potential paths forward that could have far-reaching implications for the future of social media content moderation.
First Amendment Rights and Florida’s “Don’t Say Gay” Bill
Florida’s “Don’t Say Gay” bill, which would bar Florida educators from speaking to students about LBGTQ+ topics that are not considered “age-appropriate or developmentally appropriate for students” has passed in Florida’s House and is likely to pass in the Senate as it now moves to the Republican-controlled Senate floor for a vote. The horrific piece of legislation, formally known as HB 1557, has raised questions as to whether the bill, if passed, would violate the First Amendment rights of teachers or students in public primary schools across the sunshine state.
This Tweet Has Been Removed: The basics of what’s going on in the war between Trump and Twitter
Twitter made the news once again yesterday after removing a tweet by Dr. Scott Atlas, one of President Trump’s main White House Coronavirus advisors. The tweet, which questioned the effectiveness of wearing masks in combatting the virus, was said to have violated a policy on misleading information relating to COVID-19.
This comes just days after Twitter was criticized for “limiting sharing” of a New York Post article because it exposed private information (read: personal email addresses) and contained material obtained through hacking.
Allegations that big tech companies are guilty of “censoring” information on their social media platforms are far from new. A Pew Research Center survey conducted in 2018 revealed that 72% of the public thought that social media platforms actively censored political views. Results from this year’s version of the same survey found roughly the same results.
Even the President has waged a war against Twitter. His criticisms of Twitter for “silencing conservative viewpoints” escalated to threats of “shutdowns” or at least heavy regulation in response to the site adding a fact-check warning to tweets that claimed that “mail-in ballots are fraudulent” without any evidence. Not long after, Trump signed an executive order attempting to punish social media companies.