Re:Why we are suing the Administration
by pdonis on Tuesday September 01, 2020 @12:56PM
(#24343860)
> The constitution prevents congress from restricting free speech because it is a document written about what congress can and cannot do
This is not correct as a blanket statement. The constitution defines the powers of all three branches of government, not just congress. It also puts some restrictions on states and has some general prohibitions that don't just apply to government (for example, it defines treason). No other amendment in the Bill of Rights has "congress shall make no law" in it; they all just say certain things are prohibited or required, period. And subsequent amendments, such as the Fourteenth, place restrictions on States. Parts of the constitution are specifications for congress specifically. But not all of it.
The reason individuals and businesses can refuse to allow speech they don't like in their homes or places of business, or on their websites, is that that is part of their right to free speech--the right to control speech on their own property.
This is not correct as a blanket statement. The constitution defines the powers of all three branches of government, not just congress. It also puts some restrictions on states and has some general prohibitions that don't just apply to government (for example, it defines treason). No other amendment in the Bill of Rights has "congress shall make no law" in it; they all just say certain things are prohibited or required, period. And subsequent amendments, such as the Fourteenth, place restrictions on States. Parts of the constitution are specifications for congress specifically. But not all of it.
The reason individuals and businesses can refuse to allow speech they don't like in their homes or places of business, or on their websites, is that that is part of their right to free speech--the right to control speech on their own property.