1
Loading...
Society & Culture
Virtual Legality Episode 208

How Facebook's COVID Protest Bans May Violate the Constitution

Vote
71 71 views
1y Apr 21, 2020
G

Coronavirus (COVID-19) has made the landscape of Constitutional rights more perilous than ever, as Facebook found out yesterday when it decided to remove (or "ban") at least some posts on the platform purporting to organize anti-quarantine or anti-"stay-at-home" protests and rallies.

But while each of us may hold different opinions on the wisdom (or foolishness) of holding such events, the question becomes all the more important when the States in question become involved in the story.

What "instruction" did Facebook receive from the States of California, New Jersey, Nebraska (or other referenced states like New York, Wisconsin, Ohio, and Pennsylvania)?

If Facebook reached out to these state's voluntarily, what "advice" did they receive?

Why were the stories changing so rapidly?

And if Facebook is deemed to have been a "willful participant in joint activity with the state or its agents", what does that mean for both it's own liability and the liability of the state's in question?

Not a single state instructed us to make this video...in Virtual Legality.

#Facebook #StateAction #COVID19


Discussed in this episode:

"Go back to Civics class."
Twitter Thread - April 20, 2020 - Highlighted by Bad Legal Takes (@BadLegalTakes)
https://twitter.com/BadLegalTakes/status/1252413536090722308

US Constitution, First Amendment
https://www.law.cornell.edu/constitution/first_amendment

"YouTube, Free Speech, and You - A PragerU Story (Virtual Legality #182)"
YouTube Video - February 26, 2020 - Hoeg Law
https://youtu.be/EDBjYkobBuk

US Constitution, Fourteenth Amendment
https://www.law.cornell.edu/constitution/amendmentxiv

"Facebook says it has removed promotion of anti-quarantine events..."
Tweet - April 20, 2020 - Donie O'Sullivan (@donie)
https://twitter.com/donie/status/1252220943314927616

"Facebook will take down some, but not all, posts promoting anti-stay-at-home protests"
CNN Politics - April 20, 2020 - Donie O'Sullivan and Brian Fung
https://www.cnn.com/2020/04/20/politics/facebook-covid-shutdown-protests/index.html

"Anti-quarantine protests being organized through Facebook in California, New Jersey, and Nebraska, are being removed from the platform on the instruction of governments..."
Tweet - April 20, 2020 - Oliver Darcy (@oliverdarcy)
https://twitter.com/oliverdarcy/status/1252224126279802881

"Republicans attack Facebook as network shuts down anti-lockdown protests"
Politico - April 20, 2020 - Steven Overly
https://www.politico.com/news/2020/04/20/facebook-shuts-down-anti-quarantine-protests-at-states-request-196143

"Just want to clarify that Facebook reached out to state officials..."
Tweet - April 20, 2020 - Andy Stone (@andymstone)
https://twitter.com/andymstone/status/1252293167845695490

"Coronavirus protests test Facebook's free speech pledges"
Politico - April 20, 2020 - Steven Overly
https://www.politico.com/news/2020/04/20/coronavirus-protests-test-facebooks-free-speech-pledges-197724

"Don't love this precedent."
Tweet - April 20, 2020 - Hoeg Law
https://twitter.com/HoegLaw/status/1252290636671311878

"Who Fact Checks the Fact Checkers? (Facebook, YouTube, Twitter) (VL207)"
YouTube Video - April 20, 2020 - Hoeg Law
https://youtu.be/8ZvMXhLGjf8

"Should Facebook ban anti-lockdown protests? The thorny questions of civil rights amid coronavirus"
The Guardian - April 20, 2020 - Julia Carrie Wong
https://www.theguardian.com/technology/2020/apr/20/facebook-anti-lockdown-protests-bans

"Wickersham v. City of Columbia"
F. Supp. 2d 1061 (W.D. Mo. 2005)
https://www.courtlistener.com/opinion/2316504/wickersham-v-city-of-columbia-mo/

"MANHATTAN COMMUNITY ACCESS CORP. ET AL. v. HALLECK"
June 17, 2019
https://www.supremecourt.gov/opinions/18pdf/17-1702_h315.pdf


"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:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

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.


Blog: hoeglaw.wordpress.com

PODCAST VERSIONS ALSO AVAILABLE

About Hoeg Law

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.


0 Comments

Markdown is supported.