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SGT Edward Wilcox
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I've been questioning the legality of such an order from the beginning.
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LTC Kevin B.
LTC Kevin B.
>1 y
I thought the exact same thing. He's basically trying to take away their free speech.
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SGT English/Language Arts Teacher
4
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He did not seem to have any problems with social media until they called him on his assertions.
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SGT Edward Wilcox
SGT Edward Wilcox
>1 y
He certainly does love to Tweet, doesn't he?
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LTC Kevin B.
LTC Kevin B.
>1 y
SGT Edward Wilcox - It would be hilarious if Twitter shut down his account. He's not entitled to an account. They are a private entity.
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CPT Jack Durish
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Without knowing the content of President Trump's executive order, it is impossible to discuss or debate its validity or legality. Thus, this article is spitting in the wind. Then we come to the first legal question raised in the article: "It [the XO] could violate the First Amendment." Do companies have First Amendment rights? Secondly, the author of the article argues, "It could effectively circumvent Congress' will". What will? That the Democrats in Congress want social media carriers to be able to stifle free speech of opponents? Thirdly, "It challenges the independence of federal agencies". The article explains that problem by stating that agencies report to Congress and not the President. That doesn't sound very independent, does it. Also, isn't the job of the President to enforce laws passed by Congress. Thus, agencies are his instruments in administering law, or have we redefined the role of the Executive? Well, enough spitting into the wind. I'll wait to see what the XO actually says. What I'm looking for is how President Trump addresses the real issue at hand. Are social media public carriers or are they content publishers. Obviously, Twitter and Facebook (and likely other social media) want to control content without being responsible for it. In other words they want to be carriers when it suits them and publishers when it suits them. Can you blame them? Wouldn't it be wonderful to do whatever you wanted, say whatever you wanted, without ever being responsible for any of it?
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LTC Kevin B.
LTC Kevin B.
>1 y
According to the Citizens United decision by the SCOTUS, companies do have First Amendment rights.
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CPT Jack Durish
CPT Jack Durish
>1 y
LTC Kevin B. - Yes, companies have First Amendment rights, MAYBE. It depends on whether the company is a carrier or a publisher. If social media are carriers, there is no First Amendment right question. The individual content producers who use the media have First Amendment rights and the carrier has the obligation to provide equal access to all (without censorship). If the social media are publishers, they control the content and First Amendment rights apply. However, they must then take responsibility for the content the same as though they produced it. They can't have it both ways.
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LTC Kevin B.
LTC Kevin B.
>1 y
CPT Jack Durish - Ultimately, the SCOTUS will have to sort it out. Hence, my comment about letting the games begin.
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