Controlling the Herd
Telling Trump to Stop Blocking Critics on Twitter Doesn’t Affect the Platform’s Rules
The First Amendment constrains speech regulation by the government, not by private parties.
Harvard law professor Noah Feldman worries that the recent First Amendment ruling against Donald Trump’s blocking of critics on Twitter could ultimately result in legal restrictions on the ability of social media companies to exclude users or regulate their speech. “This is the first time, to my knowledge, that the First Amendment has ever been applied to a private platform,” Feldman writes in a New York Times op-ed piece. He warns that “applying the First Amendment to social media will make it harder or even impossible for the platforms to limit fake news, online harassment and hate speech—precisely the serious social ills that the world is calling on them to address.”
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