Federal Court Smacks Down Social Media Platform Censorship

ZenMode said:
Ok. Percentage differences doesn't really change much. Whatever court you pick they're more likely than not to be overturned. This topic seems cherry picked ro be overturned by SCOTUS.
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The Court is more conservative now. This is a pretty conservative opinion. It will likely stand
 
ExpressLane said:
The Court is more conservative now. This is a pretty conservative opinion. It will likely stand
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Well.... It's unfortunate that Republican justices potentially don't have a good understanding of the Constitution and when free speech should be protected.
 
McRocket said:
So? You are against, free enterprise?
Good to know.

It is none of the fucking, government's business to force a company to offer a customer a non-life threatening service if it does not want to.

And I don't give a fuck if they have 50,000,000 million or 5 customers.

If Facebook won't post what you want?
Hello?
Just go to a different site.
DUH!!!

BTW - I hate Facebook.

And I despise both parties.
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Seems like we have some "conservatives in name only." They applaud federal regulations of private enterprise and free speech.
 
ZenMode said:
Well.... It's unfortunate that Republican justices potentially don't have a good understanding of the Constitution and when free speech should be protected.
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Worse is when they perjured themselves during their confirmation. Sad.
 
Flash said:
Seems like we have some "conservatives in name only." They applaud federal regulations of private enterprise and free speech.
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Those private enterprises are restricting the Constitutional rights of American citizens. Suppose Walmart said they were not going to hire Blacks. Would that be OK because they are private enterprise?
 
ExpressLane said:
Those private enterprises are restricting the Constitutional rights of American citizens. Suppose Walmart said they were not going to hire Blacks. Would that be OK because they are private enterprise?
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Your constitutional rights protect you from government restrictions, not private businesses. You don't have a constitutional right to say anything you want on Truth Social or Facebook. That is their platform and they make the rules. They aren't prohibiting Americans their constitutional rights because you have hundreds of other outlets to express your views.

There is nothing in the Constitution prohibiting Wal-Mart from refusing to hire blacks. That is a violation of the 1964 Civil Rights Law. A person cannot violate the Constitution, only government can do something unconstitutional.
 
Flash said:
Your constitutional rights protect you from government restrictions, not private businesses. You don't have a constitutional right to say anything you want on Truth Social or Facebook. That is their platform and they make the rules. They aren't prohibiting Americans their constitutional rights because you have hundreds of other outlets to express your views.

There is nothing in the Constitution prohibiting Wal-Mart from refusing to hire blacks. That is a violation of the 1964 Civil Rights Law. A person cannot violate the Constitution, only government can do something unconstitutional.
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OK what if Walmart would not hire you if you own a gun? Would that be constitutional?
 
ExpressLane said:
Those private enterprises are restricting the Constitutional rights of American citizens. Suppose Walmart said they were not going to hire Blacks. Would that be OK because they are private enterprise?
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The First Amendment, right of free speech is about: that governments may not restrict their citizens to the right to freedom of speech...publicly.
It has NOTHING to do with the private sector.

Are you seriously suggesting that no one can ever be banned from ANY, form of social media because it violates their 'constitutional rights'?


So, can this forum (which is social media) NEVER ban anyone because that would be robbing the person of their constitutional rights?
Yes or no, please?
 
ExpressLane said:
OK what if Walmart would not hire you if you own a gun? Would that be constitutional?
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It would have nothing to do with the Constitution; it wouldn't be constitutional or unconstitutional.

There are no provisions in the Constitution dealing with private entities. Free press and free religion are protected against governmental restrictions. Only government can commit an unconstitutional act.
 
Grokmaster said:
THE JUDGE DISAGREED.


CAN'T READ?


"Federal Judge Andrew S. Oldham of the Fifth Circuit said the platforms argued for “a rather odd inversion of the First Amendment” that “buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.”


YOU LOSE.
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This means I can come to your place of business and shout all I want about how you are a murderer and you can't do anything to stop me because it would violate my 1st amendment rights under this ruling.
 
ExpressLane said:
Nonsense the overall reversal rate for ALL the appeals courts is 71% and the 5th is 72%. The liberal 6th and 9th courts of appeal have the highest rate of being overturned by SCOTUS.





.
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Hmm.. You seem to not understand that the reason the higher court takes a case is because they will likely reverse it. No real reason to take the case if it is going to be upheld.

In 2021-2022, the 9th circuit had 3542 written rulings. 12 were overturned on appeal.
 
Poor Richard Saunders said:
This means I can come to your place of business and shout all I want about how you are a murderer and you can't do anything to stop me because it would violate my 1st amendment rights under this ruling.
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I can refuse entry into my business to anyone. Not the same as media platforms deciding they get top block political speech they do not like.
 
Poor Richard Saunders said:
Hmm.. You seem to not understand that the reason the higher court takes a case is because they will likely reverse it. No real reason to take the case if it is going to be upheld.

In 2021-2022, the 9th circuit had 3542 written rulings. 12 were overturned on appeal.
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THE 9th is the MOST REVERSED COURT, BY FAR.


Politifact fact-check: the Ninth Circuit is, in fact, the most reversed federal court of appeals


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https://excessofdemocracy.com/blog/...ct-the-most-reversed-federal-court-of-appeals
 
Grokmaster said:
I can refuse entry into my business to anyone. Not the same as media platforms deciding they get top block political speech they do not like.
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Why do you get to refuse entry to anyone but other businesses can't? Are you more equal than they are?

A media platform is no different than a physical business. Can I stand outside your business and use a bullhorn to reach everyone in your business and tell them of all the crimes you are committing? Would any attempt to stop me be a violation of my first amendment rights? If I can stand outside then why can't I come into your business?
 
Grokmaster said:
THE 9th is the MOST REVERSED COURT, BY FAR.


Politifact fact-check: the Ninth Circuit is, in fact, the most reversed federal court of appeals


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Leave it to you to think that there are only 3 appeals courts and they are called the 6th, the 9th, and the 11th. In 2021, seven court districts had 100% of the cases appealed to and heard by the USSC overturned. In 2020, seven court districts had 100% of their cases heard overturned on appeal.

https://ballotpedia.org/SCOTUS_case_reversal_rates_(2007_-_Present)
 
Why should privately owned media be forced to give anybody access to their fora?
Free speech is great, but use your own soapbox.

The really pathetic ones are the ones who consider social media to be a valid source of information.
It's never been more than a place to make silent noise,
and it never will be anything other than that.
 
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