Why does it not violate the first ammendment for the White House and FBI tell social media platforms who to ban?

This is a direct violation of the first ammendment.

It is Unconstitutional for the federal government to tell any private companies who to censor.
While disgusting, it's a VERY thin line being walked, and MAY be constitutionally protected in some ways. :(

The Swamp is being very clever in how it's operating on this, though of course Biden could and should be impeached over it.
 
FYI



In Norwood v. Harrison, 413 U.S. 455 (1973), the Supreme Court unanimously found that a Mississippi program that provided textbooks to private schools, even if the school engaged in discriminatory practices, was unconstitutional. In so ruling, it found that the requirements of nondiscrimination violated the equal protection clause of the Fourteenth Amendment but not the establishment clause of the First Amendment.

Mississippi provided textbooks to discriminatory schools​

The case was brought by parents of schoolchildren who claimed that because the state program provided textbooks to schools that excluded students on the basis of race, the state was providing direct aid to segregated education, thus violating the equal protection clause.

A three-judge federal district court upheld the program because the state had enacted the legislation in 1940 not with the purpose of creating racially segregated schools, but to provide aid to students who chose to attend private schools. The district court also found the supply of textbooks to be consistent with earlier Supreme Court opinions that allowed states to provide textbooks to students attending private sectarian schools because the books were an aid to the students, not the schools.

Court said program did not violate First Amendment​

Writing for the Court, Chief Justice Warren E. Burger first affirmed the right of private schools to exist. The court had previously held that states could provide aid to private school students under the Lemon test, which required that the effect of the aid had a secular purpose, was neutral toward the advancement of religion, and did not create an excessive entanglement between the state and government. Based on these criteria, Chief Justice Burger found that the Mississippi program did not violate the establishment clause of the First Amendment.
In a landmark 1973 case, Norwood v. Harrison, the Supreme Court held that government “may not induce, encourage or promote private persons to accomplish what it is constitutionally forbidden to accomplish.”
 
Congress has made no law telling the social media companies to ban certain people. There is no 1st amendment argument that prevents the white house from doing anything. It does not apply to them.
Sadly, you're mostly correct.

Though Biden can and should be impeached over this.
 
This is a direct violation of the first ammendment.

It is Unconstitutional for the federal government to tell any private companies who to censor.

Completely agree.

So you disagree with all those so-called "conservatives" who have been using political power to advance their Forever Culture Wars, i.e. DeSantis v. Disney?
 
In a landmark 1973 case, Norwood v. Harrison, the Supreme Court held that government “may not induce, encourage or promote private persons to accomplish what it is constitutionally forbidden to accomplish.”
Right. The government could not pay for the books in these private schools that discriminated, because discrimination was illegal, and unconstitutional, while they could pay for them in other private schools that did not discriminate.
 
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
So what are you telling us, Unoccupied, that the Fed has found a loophole in getting around the intention of the Framers by using an unelected Intel agency to put the squeeze on private data companies to do their dirty work of political oppression FOR them?!
 
Congress has made no law telling the social media companies to ban certain people. There is no 1st amendment argument that prevents the white house from doing anything. It does not apply to them.


The way I read the landscape, POTUS is free to tell anyone to do anything, and everyone is free to tell him to go fuck off.

He can TRY to coerce, intimidate, "enforce", but people will start screaming if he goes too far. (Which he has).

The PROBLEM in this equation, is that the Zuckerbergs of the world, DON'T tell him to go fuck off.

That's a pretty serious problem, if you're a student of history. The economic system called fascism is DEFINED by the nexus between the corporations and the state.

The problem is, the corporations become part of enforcement. POLITICAL enforcement, not legal enforcement. For example, Zuckerberg seems to think his job is to "suppress misinformation", which is a purely political concept with a political goal and a political agenda.

If THAT goes too far the Boards of Directors can start screaming, but first of all they may or may not (scream), and secondly even if they do it may be too late.
 
In a landmark 1973 case, Norwood v. Harrison, the Supreme Court held that government “may not induce, encourage or promote private persons to accomplish what it is constitutionally forbidden to accomplish.”
That's a bit of a stretch, in relation to precedent for this issue.

However, good observation. The libbies would certainly howl bloody murder if we found a way to use it. :p
 
When President Trump told Fox News, what to cover and not cover, was that any kind of constitutional issue?
 
Right. The government could not pay for the books in these private schools that discriminated, because discrimination was illegal, and unconstitutional, while they could pay for them in other private schools that did not discriminate.
Well... so the case would have to be made that either

a) the Terms of Service are discriminatory, or

b) the APPLICATION of the Terms of Service is discriminatory.

Part (b) should be a no-brainer in relation to Facebook and Twitter.

Who's going to bring the suit, though?
 
Well... so the case would have to be made that either

a) the Terms of Service are discriminatory, or

b) the APPLICATION of the Terms of Service is discriminatory.

Part (b) should be a no-brainer in relation to Facebook and Twitter.

Who's going to bring the suit, though?
Hmmm... The question was whether tax payers money could be used for paying for school books for children going to a private school that did not allow black children attend the school. Or children of gays, or jews etc?


Who is discriminating against a race, religion, sex etc??? One of the by law, protected category or groups???

I guess I am slow, and am still not connecting the similarities to this?
 
Last edited:
Hmmm... The question was whether tax payers money could be used for paying for school books for children going to a private school that did not allow black children attend the school. Or children of gays, or jews etc?


Who is discriminating against a race, religion, sex etc??? One of the by law, protected category or groups???

I guess I am slow, and am still not connecting the similarities to this?

Only protected categories are protected?

Children are not a protected category?
 

Forum List

Back
Top