As someone who’s published a blog for almost 10 years, we are especially attentive to our right to publish and for our content to be shared in magazines, newspapers, and social media — as it has regularly been.
Yet, is there any guarantee that whatever any of us write or post on social media or otherwise is protected by law? In other words, do we have a right to publish or post what we want where we want? We do not.
Here’s an excerpt of some comments from Congressman Jeff Duncan demonstrating his misunderstanding of the First Amendment:
“The standard” in the First Amendment “has been applied to private businesses – whether those are newspapers, or other media platform and I would argue that social media has now become a media platform,” the same as “other press media,” Rep. Duncan dubiously claimed. “I think the First Amendment probably does apply and will apply,” to Facebook, Duncan said.
Yes, the First Amendment has been applied to people and businesses other than governmental entities, but the First Amendment does not apply by law to anyone other than governmental entities. Facebook and other private businesses are not bound to the First Amendment.
I’ve seen comments including that “Jeff Duncan gets it …” however I would offer Jeff Duncan doesn’t get it at all. Here’s maybe a better examination of what the First Amendment says and doesn’t say: https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does.
Has your comment ever been deleted from a Facebook post? Has your entire Facebook post ever been deleted? I’ve had to delete fatuous comments made on my blog. Did you think such deletions violated the First Amendment? They don’t.
Lastly, can a magazine, newspaper, Facebook, or other media entity make their own rules about what is published or how you advertise on their platform? Outside of any laws which require them to display any certain content and generally so long as they aren’t discriminating against any protected group … they can.
Mike Brandly, Auctioneer, CAI, CAS, AARE has been an auctioneer and certified appraiser for over 30 years. His company’s auctions are located at: Mike Brandly, Auctioneer, RES Auction Services and Goodwill Columbus Car Auction. He serves as Distinguished Faculty at Hondros College, Executive Director of The Ohio Auction School, an Instructor at the National Auctioneers Association’s Designation Academy and America’s Auction Academy. He is faculty at the Certified Auctioneers Institute held at Indiana University and is approved by the The Supreme Court of Ohio for attorney education.
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