"Congress shall make no law...abridging the freedom of speech, or of the press..."
-US Constitution, First Amendment
Former President Trump has filed a lawsuit against technology giants Twitter and Facebook for violating the US Constitution's First Amendment. The issue however, is that neither Facebook nor Twitter is Congress (or more specifically any arm of the state) by normal measures, so Mr. Trump's legal team has had to get...creative.
Is congressional testimony "coercive"? Are shared e-mails "joint activity"? And what about those recent Supreme Court and Court of Appeals cases that speak pretty strongly against the whole premise?
Let's dive in.
If it's state action to do something under the cloud of possible future legislation, then we are all state actors...in Virtual Legality.
#Trump #Lawsuit #Facebook
Discussed in this episode:
Trump v Facebook
Filed July 7, 2021 (S.D. FL)
Facebook "Terms of Service"
Updated October 22, 2020
First Amendment, US Constitution
Lugar v. Edmondson Oil Co., Inc.
457 U.S. 922 (1982)
Manhattan Community Access Corporation v. Halleck
US Supreme Court (2019)
Blum v. Yaretsky
457 U.S. 991 (1982)
Prager University vs Google LLC
Ninth Circuit Court of Appeals - February 26, 2020
"Case decision 2021-001-FB-FBR"
Facebook Oversight Board
"Protection for private blocking and screening of offensive material"
47 USC 230 (CDA 230)
"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.
PODCAST VERSIONS ALSO AVAILABLE
|4:56||Facebook As State Actor|
|6:36||Lugar and the State Actor Requirement|
|8:20||Manhattan Community Access Corporation and Public Forums|
|12:37||Lugar and Joint Action|
|13:28||Blum, Regulation, and Coercion|
|16:05||Prager v YouTube|
|17:42||CDA 230's Liability Shield|
|19:20||Trump's Theory of the Case|
|24:05||Did Congress Coerce Facebook?|
|28:54||Did Congress Encourage Facebook?|
|35:42||Did Health Experts Act Jointly with Facebook?|
|49:25||Requested Relief (Conclusion)|
The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.