Is the 21st century's idea of “freedom of speech” based on precedent?Can U.S. states establish state religions?Does the 1st Amendment restrict executive actions?Blasphemy in the Context of Freedom of SpeechWhat first amendment limits apply to law against “parading or demonstrating?”What are the limits on categorising someone's statements as 'hatred' in regard to freedom of speech?Arguments in Masterpiece Cakeshop v Colorado Civil Rights CommissionWhy are credit rating agencies in the US imune when giving false rating?How is the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” constitutional?In the United States, is Freedom of the Press absolute, or are there limits on it?Does the U.S. Constitution's First Ammendment protect false speech?

Took a trip to a parallel universe, need help deciphering

How to model explosives?

What to put in ESTA if staying in US for a few days before going on to Canada

Western buddy movie with a supernatural twist where a woman turns into an eagle at the end

I Accidentally Deleted a Stock Terminal Theme

Python: return float 1.0 as int 1 but float 1.5 as float 1.5

In a Spin are Both Wings Stalled?

Can I ask the recruiters in my resume to put the reason why I am rejected?

How do I write bicross product symbols in latex?

1960's book about a plague that kills all white people

Why do I get two different answers for this counting problem?

AES: Why is it a good practice to use only the first 16bytes of a hash for encryption?

Why is the 'in' operator throwing an error with a string literal instead of logging false?

Facing a paradox: Earnshaw's theorem in one dimension

How could indestructible materials be used in power generation?

Is "remove commented out code" correct English?

How can saying a song's name be a copyright violation?

Is the Joker left-handed?

What's the point of deactivating Num Lock on login screens?

Neighboring nodes in the network

Withdrawals from HSA

What is the intuition behind short exact sequences of groups; in particular, what is the intuition behind group extensions?

Can I use a neutral wire from another outlet to repair a broken neutral?

Assassin's bullet with mercury



Is the 21st century's idea of “freedom of speech” based on precedent?


Can U.S. states establish state religions?Does the 1st Amendment restrict executive actions?Blasphemy in the Context of Freedom of SpeechWhat first amendment limits apply to law against “parading or demonstrating?”What are the limits on categorising someone's statements as 'hatred' in regard to freedom of speech?Arguments in Masterpiece Cakeshop v Colorado Civil Rights CommissionWhy are credit rating agencies in the US imune when giving false rating?How is the “Allow States and Victims to Fight Online Sex Trafficking Act of 2017” constitutional?In the United States, is Freedom of the Press absolute, or are there limits on it?Does the U.S. Constitution's First Ammendment protect false speech?













5















Reading the first amendment strictly through a textualist lens it is understood that Congress cannot limit our speech, but the first amendment does not say anything about companies limiting it, or even the Executive branch limiting our freedom of expression through an executive order.



First Amendment:




Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.




Since the first amendment text is only about Congress's restrictions on making laws about speech, is the understanding that "we have the freedom of speech" based off of precedent set by courts?










share|improve this question
























  • Do you consider the view that property owners have an obligation to provide a soapbox to be "our modern understanding" – i.e. what do you take to be that modern understanding?

    – user6726
    2 days ago






  • 2





    While the narrow final question is within the scope of Law.SE, the overall thrust of the question about a national debate and our evolving cultures and norms has a better home at Politics.SE. Early precedents also drew on English legal and political culture in the 17th and 18th centuries which is also really better suited to Politics.SE or History.SE even though the sources used by the very early case law precedents does have a legal hook.

    – ohwilleke
    2 days ago






  • 1





    The line between history and law is typically drawn based upon what current practitioners of law are referring back to in order to decide cases. Most currently relevant First Amendment case law in the U.S. dates from WWI and more recently. The broader conceptual background that gave rise to the earliest First Amendment case law is now all but irrelevant except as a historical footnote.

    – ohwilleke
    2 days ago







  • 1





    @ohwilleke respectfully, although the law is governed by such historical precedent, the law and its precedent are still extremely relevant today and in the modern interpretation of the law. I do agree that the setup for this question is broad and I will work to fix future edits to better fit the scope of the site.

    – StephanS
    2 days ago






  • 1





    @ohwilleke hopefully the edit addressed your concerns about the scope of the question and the place it holds on this site.

    – StephanS
    2 days ago















5















Reading the first amendment strictly through a textualist lens it is understood that Congress cannot limit our speech, but the first amendment does not say anything about companies limiting it, or even the Executive branch limiting our freedom of expression through an executive order.



First Amendment:




Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.




Since the first amendment text is only about Congress's restrictions on making laws about speech, is the understanding that "we have the freedom of speech" based off of precedent set by courts?










share|improve this question
























  • Do you consider the view that property owners have an obligation to provide a soapbox to be "our modern understanding" – i.e. what do you take to be that modern understanding?

    – user6726
    2 days ago






  • 2





    While the narrow final question is within the scope of Law.SE, the overall thrust of the question about a national debate and our evolving cultures and norms has a better home at Politics.SE. Early precedents also drew on English legal and political culture in the 17th and 18th centuries which is also really better suited to Politics.SE or History.SE even though the sources used by the very early case law precedents does have a legal hook.

    – ohwilleke
    2 days ago






  • 1





    The line between history and law is typically drawn based upon what current practitioners of law are referring back to in order to decide cases. Most currently relevant First Amendment case law in the U.S. dates from WWI and more recently. The broader conceptual background that gave rise to the earliest First Amendment case law is now all but irrelevant except as a historical footnote.

    – ohwilleke
    2 days ago







  • 1





    @ohwilleke respectfully, although the law is governed by such historical precedent, the law and its precedent are still extremely relevant today and in the modern interpretation of the law. I do agree that the setup for this question is broad and I will work to fix future edits to better fit the scope of the site.

    – StephanS
    2 days ago






  • 1





    @ohwilleke hopefully the edit addressed your concerns about the scope of the question and the place it holds on this site.

    – StephanS
    2 days ago













5












5








5








Reading the first amendment strictly through a textualist lens it is understood that Congress cannot limit our speech, but the first amendment does not say anything about companies limiting it, or even the Executive branch limiting our freedom of expression through an executive order.



First Amendment:




Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.




Since the first amendment text is only about Congress's restrictions on making laws about speech, is the understanding that "we have the freedom of speech" based off of precedent set by courts?










share|improve this question
















Reading the first amendment strictly through a textualist lens it is understood that Congress cannot limit our speech, but the first amendment does not say anything about companies limiting it, or even the Executive branch limiting our freedom of expression through an executive order.



First Amendment:




Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.




Since the first amendment text is only about Congress's restrictions on making laws about speech, is the understanding that "we have the freedom of speech" based off of precedent set by courts?







united-states freedom-of-speech first-amendment textualism






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 2 days ago







StephanS

















asked 2 days ago









StephanSStephanS

47221




47221












  • Do you consider the view that property owners have an obligation to provide a soapbox to be "our modern understanding" – i.e. what do you take to be that modern understanding?

    – user6726
    2 days ago






  • 2





    While the narrow final question is within the scope of Law.SE, the overall thrust of the question about a national debate and our evolving cultures and norms has a better home at Politics.SE. Early precedents also drew on English legal and political culture in the 17th and 18th centuries which is also really better suited to Politics.SE or History.SE even though the sources used by the very early case law precedents does have a legal hook.

    – ohwilleke
    2 days ago






  • 1





    The line between history and law is typically drawn based upon what current practitioners of law are referring back to in order to decide cases. Most currently relevant First Amendment case law in the U.S. dates from WWI and more recently. The broader conceptual background that gave rise to the earliest First Amendment case law is now all but irrelevant except as a historical footnote.

    – ohwilleke
    2 days ago







  • 1





    @ohwilleke respectfully, although the law is governed by such historical precedent, the law and its precedent are still extremely relevant today and in the modern interpretation of the law. I do agree that the setup for this question is broad and I will work to fix future edits to better fit the scope of the site.

    – StephanS
    2 days ago






  • 1





    @ohwilleke hopefully the edit addressed your concerns about the scope of the question and the place it holds on this site.

    – StephanS
    2 days ago

















  • Do you consider the view that property owners have an obligation to provide a soapbox to be "our modern understanding" – i.e. what do you take to be that modern understanding?

    – user6726
    2 days ago






  • 2





    While the narrow final question is within the scope of Law.SE, the overall thrust of the question about a national debate and our evolving cultures and norms has a better home at Politics.SE. Early precedents also drew on English legal and political culture in the 17th and 18th centuries which is also really better suited to Politics.SE or History.SE even though the sources used by the very early case law precedents does have a legal hook.

    – ohwilleke
    2 days ago






  • 1





    The line between history and law is typically drawn based upon what current practitioners of law are referring back to in order to decide cases. Most currently relevant First Amendment case law in the U.S. dates from WWI and more recently. The broader conceptual background that gave rise to the earliest First Amendment case law is now all but irrelevant except as a historical footnote.

    – ohwilleke
    2 days ago







  • 1





    @ohwilleke respectfully, although the law is governed by such historical precedent, the law and its precedent are still extremely relevant today and in the modern interpretation of the law. I do agree that the setup for this question is broad and I will work to fix future edits to better fit the scope of the site.

    – StephanS
    2 days ago






  • 1





    @ohwilleke hopefully the edit addressed your concerns about the scope of the question and the place it holds on this site.

    – StephanS
    2 days ago
















Do you consider the view that property owners have an obligation to provide a soapbox to be "our modern understanding" – i.e. what do you take to be that modern understanding?

– user6726
2 days ago





Do you consider the view that property owners have an obligation to provide a soapbox to be "our modern understanding" – i.e. what do you take to be that modern understanding?

– user6726
2 days ago




2




2





While the narrow final question is within the scope of Law.SE, the overall thrust of the question about a national debate and our evolving cultures and norms has a better home at Politics.SE. Early precedents also drew on English legal and political culture in the 17th and 18th centuries which is also really better suited to Politics.SE or History.SE even though the sources used by the very early case law precedents does have a legal hook.

– ohwilleke
2 days ago





While the narrow final question is within the scope of Law.SE, the overall thrust of the question about a national debate and our evolving cultures and norms has a better home at Politics.SE. Early precedents also drew on English legal and political culture in the 17th and 18th centuries which is also really better suited to Politics.SE or History.SE even though the sources used by the very early case law precedents does have a legal hook.

– ohwilleke
2 days ago




1




1





The line between history and law is typically drawn based upon what current practitioners of law are referring back to in order to decide cases. Most currently relevant First Amendment case law in the U.S. dates from WWI and more recently. The broader conceptual background that gave rise to the earliest First Amendment case law is now all but irrelevant except as a historical footnote.

– ohwilleke
2 days ago






The line between history and law is typically drawn based upon what current practitioners of law are referring back to in order to decide cases. Most currently relevant First Amendment case law in the U.S. dates from WWI and more recently. The broader conceptual background that gave rise to the earliest First Amendment case law is now all but irrelevant except as a historical footnote.

– ohwilleke
2 days ago





1




1





@ohwilleke respectfully, although the law is governed by such historical precedent, the law and its precedent are still extremely relevant today and in the modern interpretation of the law. I do agree that the setup for this question is broad and I will work to fix future edits to better fit the scope of the site.

– StephanS
2 days ago





@ohwilleke respectfully, although the law is governed by such historical precedent, the law and its precedent are still extremely relevant today and in the modern interpretation of the law. I do agree that the setup for this question is broad and I will work to fix future edits to better fit the scope of the site.

– StephanS
2 days ago




1




1





@ohwilleke hopefully the edit addressed your concerns about the scope of the question and the place it holds on this site.

– StephanS
2 days ago





@ohwilleke hopefully the edit addressed your concerns about the scope of the question and the place it holds on this site.

– StephanS
2 days ago










3 Answers
3






active

oldest

votes


















7














Trivially, yes



The first amendment was adopted on December 15, 1791.



Every time there has been a dispute about what it means that has gone to court since then, the judgement of that court has established, overturned or clarified precedent - that's what common law courts do.



The government can limit your speech



The Supreme Court has recognized categories of speech which receive lesser or no protection from the first amendment. For example, inciting lawless actions, fighting words, true threats, obscenity, child pornography etc.



They have also determined that it doesn't limit the government's power to impose reasonable time, place or manner restrictions on speech. As Justice Holmes put it in Schenck v. United States (1918), "Even the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing panic."



It applies to parts of government which derive their power from Congress



Which is, in most cases, all government.



The executive actually has surprisingly little power granted by the Constitution (Article II, Section 2). All the other powers of the executive are technically delegated powers of Congress and are therefore subject to the first amendment.



Similarly, only the Supreme Court draws its mandate without going through Congress Article III, Section 1) - all other courts are subject to first amendment restrictions.



It only restricts government



The limitation is a negative one on the US Congress (and through incorporation, the states). It does not, of itself, restrict private actors who are free to restrict speech however they want within their own property, including both physical and online spaces.



It is open to the government to enact laws that would extend an affirmative right to free speech onto non-state actors (see Pruneyard Shopping Center v Robins (1980)), however, the Federal government has not done so and neither have most states.






share|improve this answer




















  • 2





    Marsh v. Alabama is also interesting. 'The Court rejected that contention, noting that ownership "does not always mean absolute dominion."'

    – Alexander
    2 days ago


















3














@Alexander noted Marsh v. Alabama in a comment on another answer. I'll expand here as it is relevant to the part of your question that mentions companies.



Briefly, Chickasaw Alabama was a company town where the streets were owned by the company. A Jehovah's Witness tried to distribute leaflets and was arrested for trespass when she refused to stop. The US Supreme Court found in her favour. From the Wikipedia article:




The State attempted to analogize the town's rights to the rights of homeowners to regulate the conduct of guests in their home. The Court rejected that contention, noting that ownership "does not always mean absolute dominion." The court pointed out that the more an owner opens his property up to the public in general, the more his rights are circumscribed by the statutory and constitutional rights of those who are invited in.



In its conclusion, the Court stated that it was essentially weighing the rights of property owners against the rights of citizens to enjoy freedom of press and religion. The Court noted that the rights of citizens under the Bill of Rights occupy a preferred position. Accordingly, the Court held that the property rights of a private entity are not sufficient to justify the restriction of a community of citizens' fundamental rights and liberties.




It will be interesting to see how this plays out in a world where Facebook and Twitter are the equivalent of a privately owned street in a company town.






share|improve this answer






























    0














    It appears that you are asking about the idea that the right of free speech in the United States prohibits social media companies from limiting their users' speech. It also appears that you are asking whether this aspect of free speech was established by court precedent. If either of these is incorrect, please advise in a comment.



    The answer to that question is no. This aspect of freedom of speech was not established by court precedent, nor was it established by any other means, because it does not exist in US law. This idea of free speech is incorrect, a fundamental misunderstanding. Social media companies, private universities, other private organizations, and private people generally are not required to give others a platform to say whatever they want. On the contrary, they have a right not to be compelled to do so, which is a manifestation of their own right to freedom of speech.



    On the other hand, if we look at "the understanding that 'we have the freedom of speech'" as it exists in the US legal system, then the answer to that question is yes, although the reason for that answer is mostly trivial and unsatisfying: any element of the constitutional right of free speech that is not evident from the text of the constitution must necessarily have been established by court precedent.






    share|improve this answer

























    • The aspect of social media companies in my question was just an example, but your second observation hit the nail on its head, I'm looking for where the idea of "free speech" or the idea that people have the right to say whatever they wish comes from, I have nothing against the idea of "freedom of speech", but by reading the text of the first amendment I'm unsure how the idea that we have the "freedom of speech" was reached. The only conclusion that I can reach from reading the text is that Congress can't make laws about speech, religion, ect..

      – StephanS
      8 hours ago











    • @StephanS I'm not sure I understand entirely. Are you more interested in how "Congress shall make no law...abridging the freedom of speech" was generalized to "no part of the government may restrict freedom of speech"? Or are you more interested in the limits of the prohibition against restricting speech? Rereading your question, I think it's not entirely clear because it's asking about "the understanding that 'we have the freedom of speech,'" but not everyone has the same understanding of what freedom of speech actually means.

      – phoog
      8 hours ago











    Your Answer








    StackExchange.ready(function()
    var channelOptions =
    tags: "".split(" "),
    id: "617"
    ;
    initTagRenderer("".split(" "), "".split(" "), channelOptions);

    StackExchange.using("externalEditor", function()
    // Have to fire editor after snippets, if snippets enabled
    if (StackExchange.settings.snippets.snippetsEnabled)
    StackExchange.using("snippets", function()
    createEditor();
    );

    else
    createEditor();

    );

    function createEditor()
    StackExchange.prepareEditor(
    heartbeatType: 'answer',
    autoActivateHeartbeat: false,
    convertImagesToLinks: false,
    noModals: true,
    showLowRepImageUploadWarning: true,
    reputationToPostImages: null,
    bindNavPrevention: true,
    postfix: "",
    imageUploader:
    brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
    contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
    allowUrls: true
    ,
    noCode: true, onDemand: true,
    discardSelector: ".discard-answer"
    ,immediatelyShowMarkdownHelp:true
    );



    );













    draft saved

    draft discarded


















    StackExchange.ready(
    function ()
    StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38677%2fis-the-21st-centurys-idea-of-freedom-of-speech-based-on-precedent%23new-answer', 'question_page');

    );

    Post as a guest















    Required, but never shown

























    3 Answers
    3






    active

    oldest

    votes








    3 Answers
    3






    active

    oldest

    votes









    active

    oldest

    votes






    active

    oldest

    votes









    7














    Trivially, yes



    The first amendment was adopted on December 15, 1791.



    Every time there has been a dispute about what it means that has gone to court since then, the judgement of that court has established, overturned or clarified precedent - that's what common law courts do.



    The government can limit your speech



    The Supreme Court has recognized categories of speech which receive lesser or no protection from the first amendment. For example, inciting lawless actions, fighting words, true threats, obscenity, child pornography etc.



    They have also determined that it doesn't limit the government's power to impose reasonable time, place or manner restrictions on speech. As Justice Holmes put it in Schenck v. United States (1918), "Even the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing panic."



    It applies to parts of government which derive their power from Congress



    Which is, in most cases, all government.



    The executive actually has surprisingly little power granted by the Constitution (Article II, Section 2). All the other powers of the executive are technically delegated powers of Congress and are therefore subject to the first amendment.



    Similarly, only the Supreme Court draws its mandate without going through Congress Article III, Section 1) - all other courts are subject to first amendment restrictions.



    It only restricts government



    The limitation is a negative one on the US Congress (and through incorporation, the states). It does not, of itself, restrict private actors who are free to restrict speech however they want within their own property, including both physical and online spaces.



    It is open to the government to enact laws that would extend an affirmative right to free speech onto non-state actors (see Pruneyard Shopping Center v Robins (1980)), however, the Federal government has not done so and neither have most states.






    share|improve this answer




















    • 2





      Marsh v. Alabama is also interesting. 'The Court rejected that contention, noting that ownership "does not always mean absolute dominion."'

      – Alexander
      2 days ago















    7














    Trivially, yes



    The first amendment was adopted on December 15, 1791.



    Every time there has been a dispute about what it means that has gone to court since then, the judgement of that court has established, overturned or clarified precedent - that's what common law courts do.



    The government can limit your speech



    The Supreme Court has recognized categories of speech which receive lesser or no protection from the first amendment. For example, inciting lawless actions, fighting words, true threats, obscenity, child pornography etc.



    They have also determined that it doesn't limit the government's power to impose reasonable time, place or manner restrictions on speech. As Justice Holmes put it in Schenck v. United States (1918), "Even the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing panic."



    It applies to parts of government which derive their power from Congress



    Which is, in most cases, all government.



    The executive actually has surprisingly little power granted by the Constitution (Article II, Section 2). All the other powers of the executive are technically delegated powers of Congress and are therefore subject to the first amendment.



    Similarly, only the Supreme Court draws its mandate without going through Congress Article III, Section 1) - all other courts are subject to first amendment restrictions.



    It only restricts government



    The limitation is a negative one on the US Congress (and through incorporation, the states). It does not, of itself, restrict private actors who are free to restrict speech however they want within their own property, including both physical and online spaces.



    It is open to the government to enact laws that would extend an affirmative right to free speech onto non-state actors (see Pruneyard Shopping Center v Robins (1980)), however, the Federal government has not done so and neither have most states.






    share|improve this answer




















    • 2





      Marsh v. Alabama is also interesting. 'The Court rejected that contention, noting that ownership "does not always mean absolute dominion."'

      – Alexander
      2 days ago













    7












    7








    7







    Trivially, yes



    The first amendment was adopted on December 15, 1791.



    Every time there has been a dispute about what it means that has gone to court since then, the judgement of that court has established, overturned or clarified precedent - that's what common law courts do.



    The government can limit your speech



    The Supreme Court has recognized categories of speech which receive lesser or no protection from the first amendment. For example, inciting lawless actions, fighting words, true threats, obscenity, child pornography etc.



    They have also determined that it doesn't limit the government's power to impose reasonable time, place or manner restrictions on speech. As Justice Holmes put it in Schenck v. United States (1918), "Even the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing panic."



    It applies to parts of government which derive their power from Congress



    Which is, in most cases, all government.



    The executive actually has surprisingly little power granted by the Constitution (Article II, Section 2). All the other powers of the executive are technically delegated powers of Congress and are therefore subject to the first amendment.



    Similarly, only the Supreme Court draws its mandate without going through Congress Article III, Section 1) - all other courts are subject to first amendment restrictions.



    It only restricts government



    The limitation is a negative one on the US Congress (and through incorporation, the states). It does not, of itself, restrict private actors who are free to restrict speech however they want within their own property, including both physical and online spaces.



    It is open to the government to enact laws that would extend an affirmative right to free speech onto non-state actors (see Pruneyard Shopping Center v Robins (1980)), however, the Federal government has not done so and neither have most states.






    share|improve this answer















    Trivially, yes



    The first amendment was adopted on December 15, 1791.



    Every time there has been a dispute about what it means that has gone to court since then, the judgement of that court has established, overturned or clarified precedent - that's what common law courts do.



    The government can limit your speech



    The Supreme Court has recognized categories of speech which receive lesser or no protection from the first amendment. For example, inciting lawless actions, fighting words, true threats, obscenity, child pornography etc.



    They have also determined that it doesn't limit the government's power to impose reasonable time, place or manner restrictions on speech. As Justice Holmes put it in Schenck v. United States (1918), "Even the most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing panic."



    It applies to parts of government which derive their power from Congress



    Which is, in most cases, all government.



    The executive actually has surprisingly little power granted by the Constitution (Article II, Section 2). All the other powers of the executive are technically delegated powers of Congress and are therefore subject to the first amendment.



    Similarly, only the Supreme Court draws its mandate without going through Congress Article III, Section 1) - all other courts are subject to first amendment restrictions.



    It only restricts government



    The limitation is a negative one on the US Congress (and through incorporation, the states). It does not, of itself, restrict private actors who are free to restrict speech however they want within their own property, including both physical and online spaces.



    It is open to the government to enact laws that would extend an affirmative right to free speech onto non-state actors (see Pruneyard Shopping Center v Robins (1980)), however, the Federal government has not done so and neither have most states.







    share|improve this answer














    share|improve this answer



    share|improve this answer








    edited 2 days ago

























    answered 2 days ago









    Dale MDale M

    56.1k23579




    56.1k23579







    • 2





      Marsh v. Alabama is also interesting. 'The Court rejected that contention, noting that ownership "does not always mean absolute dominion."'

      – Alexander
      2 days ago












    • 2





      Marsh v. Alabama is also interesting. 'The Court rejected that contention, noting that ownership "does not always mean absolute dominion."'

      – Alexander
      2 days ago







    2




    2





    Marsh v. Alabama is also interesting. 'The Court rejected that contention, noting that ownership "does not always mean absolute dominion."'

    – Alexander
    2 days ago





    Marsh v. Alabama is also interesting. 'The Court rejected that contention, noting that ownership "does not always mean absolute dominion."'

    – Alexander
    2 days ago











    3














    @Alexander noted Marsh v. Alabama in a comment on another answer. I'll expand here as it is relevant to the part of your question that mentions companies.



    Briefly, Chickasaw Alabama was a company town where the streets were owned by the company. A Jehovah's Witness tried to distribute leaflets and was arrested for trespass when she refused to stop. The US Supreme Court found in her favour. From the Wikipedia article:




    The State attempted to analogize the town's rights to the rights of homeowners to regulate the conduct of guests in their home. The Court rejected that contention, noting that ownership "does not always mean absolute dominion." The court pointed out that the more an owner opens his property up to the public in general, the more his rights are circumscribed by the statutory and constitutional rights of those who are invited in.



    In its conclusion, the Court stated that it was essentially weighing the rights of property owners against the rights of citizens to enjoy freedom of press and religion. The Court noted that the rights of citizens under the Bill of Rights occupy a preferred position. Accordingly, the Court held that the property rights of a private entity are not sufficient to justify the restriction of a community of citizens' fundamental rights and liberties.




    It will be interesting to see how this plays out in a world where Facebook and Twitter are the equivalent of a privately owned street in a company town.






    share|improve this answer



























      3














      @Alexander noted Marsh v. Alabama in a comment on another answer. I'll expand here as it is relevant to the part of your question that mentions companies.



      Briefly, Chickasaw Alabama was a company town where the streets were owned by the company. A Jehovah's Witness tried to distribute leaflets and was arrested for trespass when she refused to stop. The US Supreme Court found in her favour. From the Wikipedia article:




      The State attempted to analogize the town's rights to the rights of homeowners to regulate the conduct of guests in their home. The Court rejected that contention, noting that ownership "does not always mean absolute dominion." The court pointed out that the more an owner opens his property up to the public in general, the more his rights are circumscribed by the statutory and constitutional rights of those who are invited in.



      In its conclusion, the Court stated that it was essentially weighing the rights of property owners against the rights of citizens to enjoy freedom of press and religion. The Court noted that the rights of citizens under the Bill of Rights occupy a preferred position. Accordingly, the Court held that the property rights of a private entity are not sufficient to justify the restriction of a community of citizens' fundamental rights and liberties.




      It will be interesting to see how this plays out in a world where Facebook and Twitter are the equivalent of a privately owned street in a company town.






      share|improve this answer

























        3












        3








        3







        @Alexander noted Marsh v. Alabama in a comment on another answer. I'll expand here as it is relevant to the part of your question that mentions companies.



        Briefly, Chickasaw Alabama was a company town where the streets were owned by the company. A Jehovah's Witness tried to distribute leaflets and was arrested for trespass when she refused to stop. The US Supreme Court found in her favour. From the Wikipedia article:




        The State attempted to analogize the town's rights to the rights of homeowners to regulate the conduct of guests in their home. The Court rejected that contention, noting that ownership "does not always mean absolute dominion." The court pointed out that the more an owner opens his property up to the public in general, the more his rights are circumscribed by the statutory and constitutional rights of those who are invited in.



        In its conclusion, the Court stated that it was essentially weighing the rights of property owners against the rights of citizens to enjoy freedom of press and religion. The Court noted that the rights of citizens under the Bill of Rights occupy a preferred position. Accordingly, the Court held that the property rights of a private entity are not sufficient to justify the restriction of a community of citizens' fundamental rights and liberties.




        It will be interesting to see how this plays out in a world where Facebook and Twitter are the equivalent of a privately owned street in a company town.






        share|improve this answer













        @Alexander noted Marsh v. Alabama in a comment on another answer. I'll expand here as it is relevant to the part of your question that mentions companies.



        Briefly, Chickasaw Alabama was a company town where the streets were owned by the company. A Jehovah's Witness tried to distribute leaflets and was arrested for trespass when she refused to stop. The US Supreme Court found in her favour. From the Wikipedia article:




        The State attempted to analogize the town's rights to the rights of homeowners to regulate the conduct of guests in their home. The Court rejected that contention, noting that ownership "does not always mean absolute dominion." The court pointed out that the more an owner opens his property up to the public in general, the more his rights are circumscribed by the statutory and constitutional rights of those who are invited in.



        In its conclusion, the Court stated that it was essentially weighing the rights of property owners against the rights of citizens to enjoy freedom of press and religion. The Court noted that the rights of citizens under the Bill of Rights occupy a preferred position. Accordingly, the Court held that the property rights of a private entity are not sufficient to justify the restriction of a community of citizens' fundamental rights and liberties.




        It will be interesting to see how this plays out in a world where Facebook and Twitter are the equivalent of a privately owned street in a company town.







        share|improve this answer












        share|improve this answer



        share|improve this answer










        answered 2 days ago









        Paul JohnsonPaul Johnson

        2,220613




        2,220613





















            0














            It appears that you are asking about the idea that the right of free speech in the United States prohibits social media companies from limiting their users' speech. It also appears that you are asking whether this aspect of free speech was established by court precedent. If either of these is incorrect, please advise in a comment.



            The answer to that question is no. This aspect of freedom of speech was not established by court precedent, nor was it established by any other means, because it does not exist in US law. This idea of free speech is incorrect, a fundamental misunderstanding. Social media companies, private universities, other private organizations, and private people generally are not required to give others a platform to say whatever they want. On the contrary, they have a right not to be compelled to do so, which is a manifestation of their own right to freedom of speech.



            On the other hand, if we look at "the understanding that 'we have the freedom of speech'" as it exists in the US legal system, then the answer to that question is yes, although the reason for that answer is mostly trivial and unsatisfying: any element of the constitutional right of free speech that is not evident from the text of the constitution must necessarily have been established by court precedent.






            share|improve this answer

























            • The aspect of social media companies in my question was just an example, but your second observation hit the nail on its head, I'm looking for where the idea of "free speech" or the idea that people have the right to say whatever they wish comes from, I have nothing against the idea of "freedom of speech", but by reading the text of the first amendment I'm unsure how the idea that we have the "freedom of speech" was reached. The only conclusion that I can reach from reading the text is that Congress can't make laws about speech, religion, ect..

              – StephanS
              8 hours ago











            • @StephanS I'm not sure I understand entirely. Are you more interested in how "Congress shall make no law...abridging the freedom of speech" was generalized to "no part of the government may restrict freedom of speech"? Or are you more interested in the limits of the prohibition against restricting speech? Rereading your question, I think it's not entirely clear because it's asking about "the understanding that 'we have the freedom of speech,'" but not everyone has the same understanding of what freedom of speech actually means.

              – phoog
              8 hours ago















            0














            It appears that you are asking about the idea that the right of free speech in the United States prohibits social media companies from limiting their users' speech. It also appears that you are asking whether this aspect of free speech was established by court precedent. If either of these is incorrect, please advise in a comment.



            The answer to that question is no. This aspect of freedom of speech was not established by court precedent, nor was it established by any other means, because it does not exist in US law. This idea of free speech is incorrect, a fundamental misunderstanding. Social media companies, private universities, other private organizations, and private people generally are not required to give others a platform to say whatever they want. On the contrary, they have a right not to be compelled to do so, which is a manifestation of their own right to freedom of speech.



            On the other hand, if we look at "the understanding that 'we have the freedom of speech'" as it exists in the US legal system, then the answer to that question is yes, although the reason for that answer is mostly trivial and unsatisfying: any element of the constitutional right of free speech that is not evident from the text of the constitution must necessarily have been established by court precedent.






            share|improve this answer

























            • The aspect of social media companies in my question was just an example, but your second observation hit the nail on its head, I'm looking for where the idea of "free speech" or the idea that people have the right to say whatever they wish comes from, I have nothing against the idea of "freedom of speech", but by reading the text of the first amendment I'm unsure how the idea that we have the "freedom of speech" was reached. The only conclusion that I can reach from reading the text is that Congress can't make laws about speech, religion, ect..

              – StephanS
              8 hours ago











            • @StephanS I'm not sure I understand entirely. Are you more interested in how "Congress shall make no law...abridging the freedom of speech" was generalized to "no part of the government may restrict freedom of speech"? Or are you more interested in the limits of the prohibition against restricting speech? Rereading your question, I think it's not entirely clear because it's asking about "the understanding that 'we have the freedom of speech,'" but not everyone has the same understanding of what freedom of speech actually means.

              – phoog
              8 hours ago













            0












            0








            0







            It appears that you are asking about the idea that the right of free speech in the United States prohibits social media companies from limiting their users' speech. It also appears that you are asking whether this aspect of free speech was established by court precedent. If either of these is incorrect, please advise in a comment.



            The answer to that question is no. This aspect of freedom of speech was not established by court precedent, nor was it established by any other means, because it does not exist in US law. This idea of free speech is incorrect, a fundamental misunderstanding. Social media companies, private universities, other private organizations, and private people generally are not required to give others a platform to say whatever they want. On the contrary, they have a right not to be compelled to do so, which is a manifestation of their own right to freedom of speech.



            On the other hand, if we look at "the understanding that 'we have the freedom of speech'" as it exists in the US legal system, then the answer to that question is yes, although the reason for that answer is mostly trivial and unsatisfying: any element of the constitutional right of free speech that is not evident from the text of the constitution must necessarily have been established by court precedent.






            share|improve this answer















            It appears that you are asking about the idea that the right of free speech in the United States prohibits social media companies from limiting their users' speech. It also appears that you are asking whether this aspect of free speech was established by court precedent. If either of these is incorrect, please advise in a comment.



            The answer to that question is no. This aspect of freedom of speech was not established by court precedent, nor was it established by any other means, because it does not exist in US law. This idea of free speech is incorrect, a fundamental misunderstanding. Social media companies, private universities, other private organizations, and private people generally are not required to give others a platform to say whatever they want. On the contrary, they have a right not to be compelled to do so, which is a manifestation of their own right to freedom of speech.



            On the other hand, if we look at "the understanding that 'we have the freedom of speech'" as it exists in the US legal system, then the answer to that question is yes, although the reason for that answer is mostly trivial and unsatisfying: any element of the constitutional right of free speech that is not evident from the text of the constitution must necessarily have been established by court precedent.







            share|improve this answer














            share|improve this answer



            share|improve this answer








            edited 7 hours ago

























            answered 2 days ago









            phoogphoog

            8,03011437




            8,03011437












            • The aspect of social media companies in my question was just an example, but your second observation hit the nail on its head, I'm looking for where the idea of "free speech" or the idea that people have the right to say whatever they wish comes from, I have nothing against the idea of "freedom of speech", but by reading the text of the first amendment I'm unsure how the idea that we have the "freedom of speech" was reached. The only conclusion that I can reach from reading the text is that Congress can't make laws about speech, religion, ect..

              – StephanS
              8 hours ago











            • @StephanS I'm not sure I understand entirely. Are you more interested in how "Congress shall make no law...abridging the freedom of speech" was generalized to "no part of the government may restrict freedom of speech"? Or are you more interested in the limits of the prohibition against restricting speech? Rereading your question, I think it's not entirely clear because it's asking about "the understanding that 'we have the freedom of speech,'" but not everyone has the same understanding of what freedom of speech actually means.

              – phoog
              8 hours ago

















            • The aspect of social media companies in my question was just an example, but your second observation hit the nail on its head, I'm looking for where the idea of "free speech" or the idea that people have the right to say whatever they wish comes from, I have nothing against the idea of "freedom of speech", but by reading the text of the first amendment I'm unsure how the idea that we have the "freedom of speech" was reached. The only conclusion that I can reach from reading the text is that Congress can't make laws about speech, religion, ect..

              – StephanS
              8 hours ago











            • @StephanS I'm not sure I understand entirely. Are you more interested in how "Congress shall make no law...abridging the freedom of speech" was generalized to "no part of the government may restrict freedom of speech"? Or are you more interested in the limits of the prohibition against restricting speech? Rereading your question, I think it's not entirely clear because it's asking about "the understanding that 'we have the freedom of speech,'" but not everyone has the same understanding of what freedom of speech actually means.

              – phoog
              8 hours ago
















            The aspect of social media companies in my question was just an example, but your second observation hit the nail on its head, I'm looking for where the idea of "free speech" or the idea that people have the right to say whatever they wish comes from, I have nothing against the idea of "freedom of speech", but by reading the text of the first amendment I'm unsure how the idea that we have the "freedom of speech" was reached. The only conclusion that I can reach from reading the text is that Congress can't make laws about speech, religion, ect..

            – StephanS
            8 hours ago





            The aspect of social media companies in my question was just an example, but your second observation hit the nail on its head, I'm looking for where the idea of "free speech" or the idea that people have the right to say whatever they wish comes from, I have nothing against the idea of "freedom of speech", but by reading the text of the first amendment I'm unsure how the idea that we have the "freedom of speech" was reached. The only conclusion that I can reach from reading the text is that Congress can't make laws about speech, religion, ect..

            – StephanS
            8 hours ago













            @StephanS I'm not sure I understand entirely. Are you more interested in how "Congress shall make no law...abridging the freedom of speech" was generalized to "no part of the government may restrict freedom of speech"? Or are you more interested in the limits of the prohibition against restricting speech? Rereading your question, I think it's not entirely clear because it's asking about "the understanding that 'we have the freedom of speech,'" but not everyone has the same understanding of what freedom of speech actually means.

            – phoog
            8 hours ago





            @StephanS I'm not sure I understand entirely. Are you more interested in how "Congress shall make no law...abridging the freedom of speech" was generalized to "no part of the government may restrict freedom of speech"? Or are you more interested in the limits of the prohibition against restricting speech? Rereading your question, I think it's not entirely clear because it's asking about "the understanding that 'we have the freedom of speech,'" but not everyone has the same understanding of what freedom of speech actually means.

            – phoog
            8 hours ago

















            draft saved

            draft discarded
















































            Thanks for contributing an answer to Law Stack Exchange!


            • Please be sure to answer the question. Provide details and share your research!

            But avoid


            • Asking for help, clarification, or responding to other answers.

            • Making statements based on opinion; back them up with references or personal experience.

            To learn more, see our tips on writing great answers.




            draft saved


            draft discarded














            StackExchange.ready(
            function ()
            StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38677%2fis-the-21st-centurys-idea-of-freedom-of-speech-based-on-precedent%23new-answer', 'question_page');

            );

            Post as a guest















            Required, but never shown





















































            Required, but never shown














            Required, but never shown












            Required, but never shown







            Required, but never shown

































            Required, but never shown














            Required, but never shown












            Required, but never shown







            Required, but never shown







            Popular posts from this blog

            Does high air pressure throw off wheel balance? Announcing the arrival of Valued Associate #679: Cesar Manara Planned maintenance scheduled April 17/18, 2019 at 00:00UTC (8:00pm US/Eastern) Should we be closing questions more regularly?How much should I inflate my tire?Which tire pressure is right for my 2008 Toyota Yaris's front tires?Should I let air out of my tires?Tire Pressure Adjustments When NeededRadial tires: Do they bulge at too high pressure?Cold weather tire pressure adjustmentHow does tire pressure vary with altitude?Why does a tire have the same air pressure when mounted on the car and when not?What does tire size have to do with the capabilities of an air compressor?Tire pressure with tires on vs off the car

            Bulk add to cart function issuecart vs. mini cart issue … rwd themeRedirect Add to cart button to cart pageAdd to cart issue - Magento 2.1The requested Payment Method is not available When creating an orderM2: reason add-to-cart might not function in production modeAdd to cart issue in some android devicesMagento 2 - custom price can not add to subtotal and grand total after add to cartAdd to cart codeIssue with my cart module on pdp and cart pages, just keeps spinningBulk price and quantity update using rest api