Re:Judge Orders Twitter to Unmask FBI Impersonator Who Set O...
by nkozyra on Thursday October 08, 2020 @08:10AM
(#24718355)
In the argument you made, private versus public is entirely irrelevant.
There are two free speech arguments. Keep in mind that "free speech" is not relegated to the 1st Amendment and defenses of that generally lean on supplementary law.
1) The free speech of the user. Again, while it's true that it's not protected within a private entity, it's irrelevant because your protections are limited; in this case when your speech breaks another law.
2) The free speech of the platform. Being compelled to reveal this information really doesn't even touch any free speech argument except a vague interpretation of shield laws. DMCA as it exists provides legal protection against the crime, of course.
There are two free speech arguments. Keep in mind that "free speech" is not relegated to the 1st Amendment and defenses of that generally lean on supplementary law.
1) The free speech of the user. Again, while it's true that it's not protected within a private entity, it's irrelevant because your protections are limited; in this case when your speech breaks another law.
2) The free speech of the platform. Being compelled to reveal this information really doesn't even touch any free speech argument except a vague interpretation of shield laws. DMCA as it exists provides legal protection against the crime, of course.