![]() stated more than century ago, “he most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic.” Thus, in Brandenburg v. ![]() Moreover, while the First Amendment prohibits government interference with speech that could be deemed hateful, it does not protect illegal and riot-inducing speech. Thus, the First Amendment is not implicated in the decisions made by private social media platforms to suspend President Trump’s accounts. The social media platforms responsible for suspending President Trump’s accounts are privately owned and operated, and they are free to limit the content on their sites without implicating the First Amendment. The First Amendment does not prohibit private individuals, companies and employers from restricting speech. This prohibition has since been made applicable to state and local governments through the Fourteenth Amendment, and generally prohibits government interference with free speech rights. ![]() The First Amendment only prohibits Congress – the legislative branch of the United States government – from abridging the right to free speech. To be sure, free speech is an immutable right protected by the First Amendment, which provides that “Congress shall make no law…abridging the freedom of speech….” But the right to free speech ends where it begins: with the plain language of the Constitution which guarantees it. Moreover, the First Amendment does not protect certain speech intended to incite or produce violence and lawless action. The Constitutional right to free speech is not implicated by the actions of these private social media platforms because they are private entities, not arms of the government. Although the right to free speech is ingrained into American life, free speech is not absolute. Executive Summary: In the wake of the January 6, 2021, unrest at the United States Capitol Building and several social media outlets suspending President Trump’s accounts, free speech is a hot topic. ![]()
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