Huh? Govt can regulate businesses. That is not unConstitutional.
The regulations have to comply with the constitution. You can’t pass a regulation that impinges their constitutional rights.
what right is being impinged?
You don't think the tobacco company took issue with the fact the Obama admin was making them put massive graphics on their packages telling people it will kill them? Of course they did. But the Courts said, they had to do it...and it didn't violate their first amendment rights.
So you really think Facebook's rights are being violated here when all the law says is that hey....you got to provide a reason that you banned someone? and someone can sue you if they feel they were unfairly treated? or that you can't ban one political canidate over the other?
Freedom of speech.
Government has a societal need to promote public health by including safety warnings on products. There is no such need for Facebook to keep up anyone else's speech.
As for tobacco, depending on the size, type and character of the graphics, they have indeed been struck down as violating the first amendment in 2012 in R.J. Reynolds Tobacco Co. v. FDA.
Freedom of speech? Well, as you know that is not unlimited. Regardless though, Facebook is free to say whatever they want...just like AT&T...what they can't do is discriminate against consumers, and aren't above being regulated Public health is very important, but so is commerce v communication...hence why we regulate it as well.
Nothing is even keeping Facebook from banning someone, they can...all the law requires is that they be transparent about it.
Your post is self-contradictory. First you say that they can’t discriminate and then you say they can ban anyone they want.
Facebook is not ATT. Not even close. ATT is a common carrier, not a publisher. Facebook is not a common carrier, it is a publisher. They’re entirely different.
Regulations for communication cannot violate the first amendment. This does.
They can ban people, as long as they comply with the law. They can't discriminate based on idelogy alone, nor should they be allowed to. Can AT&T refuse to allow Dems to use their phone serves? Should they be allowed to?
Sorry but ideology is not a protected class.
(a)Charges, services, etc.
It shall be unlawful for any
common carrier to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular
person, class of
persons, or locality, or to subject any particular
person, class of
persons, or locality to any undue or unreasonable prejudice or disadvantage.
ANY CLASS OF PERSON.