Flirting with the First Amendment
Photo by FL-photography/Getty Images
In the aftermath of the January 6 riots on the Capitol, we have witnessed a change in how tech companies view, regulate speechand control speech. In the days and weeks since January 6, multiheaded
pseudo private actors have fundamentally altered the bedrock of American democracy — free speech. No longer can private companies like Facebook, Twitter, Google, Instagram, Snapchat and others hide behind the veil of their “private” shield, because they created themselves for the sole purpose of being thrust into the mitochondria of all that is public.
According to a CRS Report prepared for members and committees of Congress, the Supreme Court will only apply the First Amendment against private parties (companies) if they have a “sufficiently close relationship” to the government. This will occur where a private company finds itself under extensive state regulation.