In Battle Over Social Media and Free Speech, All Sides Claim First Amendment Rights

Neither subject to the Constitution’s limits on government action nor responsible for what they display, tech platforms enjoy a kind of interstitial immunity.

AP/Richard Drew

As the battle over freedom of speech on social media platforms rages in the court of public opinion, actual courts have in recent days grappled with applying the principles of our national parchment to this emerging constitutional battleground. 

In an emerging saga that includes a president, billion-dollar companies, and the world’s richest man, all sides are claiming the shield of the First Amendment, even if parsing its promise in the present remains an ongoing project.

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