Earlier quoted context omitted.
First Amendment case law involves the government. If the government of Florida wants a free for all social media platform, it can create one. If they don’t have the technical aptitude, I’ll gladly accept a multi million dollar contract to lead the creation of one. Leading the development of large scale infrastructure and back end development is kind of mg thing.
100% this. The 1st amendment protects free speech from the government. If you're in a bar, and they don't like what you're saying, they can ask you to leave. Then it all boils down to whether things like Twitter and Facebook are akin to the public square, a public street. That is hard to fathom given you are using their servers, their software, which they pay for and provide as a service (in something of a quid-pro-q…
These days, the ”private company so this isn’t 1A” argument oddly reminds me of the omnipresent 200x-era GOP claim that running a federal budget is akin to balancing a household checkbook. Designed to be convincingly simple to state and yet extremely obnoxious to refute to a layperson.
Facebook in particular probably wouldn’t even exist without backing from DARPA, the “defunct” TIA program, and a host of other spooky agencies, corporations, and individuals (Palantir and Thiel for instance).
Skip over 18 years of also-damning stuff to when the public/private mask started to blatantly slip in 2020: Since then, we’ve had multiple leaks, whistleblowers, etc demonstrating overt collaboration between the government and social media companies to censor, ban, and shape narratives.
Not a lawyer, don’t know how you’d frame a 1A lawsuit, but it is absolutely unacceptable that our digital public square is being operated by companies that clearly serve as “Bill of Rights Avoidance” shell corporations for the intelligence agencies and now the Executive Branch writ large.
It’s like everyone forgot about Snowden. This sort of highly suspicious take should be everyone’s default position at this point, particularly in tech.
And no, you absolutely cannot “just build your own Project Lifelog if you don’t like it”.