Re:State bill would let you sue social media giants for poli...
by boomboomsubban on Saturday January 16, 2021 @05:58PM
(#25806327)
I can't think of a clearcut example that would show barring someone from your private platform is an expression of your First Amendment protected rights. I'd assume it would qualify under whatever property right gives a business the right to refuse customers, but I'm unsure if that's a constitutionally protected right and what it is based on.
There might be enough uncertainty to at least not get the law immediately overturned, but I'm no expert.
Re:State bill would let you sue social media giants for poli...
by hirundo on Saturday January 16, 2021 @07:21PM
(#25806843)
> I'd assume it would qualify under whatever property right gives a business the right to refuse customers
So the Civil Rights Act of 1964, which restricted that right, would be a precedent from different protected classes.
Re:State bill would let you sue social media giants for poli...
by mimikatz on Saturday January 16, 2021 @07:23PM
(#25806857)
What is your opinion on Net Neutrality? Certain interests always get exemptions.
Re:State bill would let you sue social media giants for poli...
by agensaequivocum on Saturday January 16, 2021 @05:48PM
(#25806256)
Great, so I can refuse to bake a cake for a gay wedding?
Re:State bill would let you sue social media giants for poli...
by joshka on Saturday January 16, 2021 @07:26PM
(#25806880)
Probably, but I wonder whether you could ask facebook to take down messages on your facebook page to bake a cake for a gay wedding if a North Dakotan legislator was requesting it...
Re:State bill would let you sue social media giants for poli...
by 0134340 on Saturday January 16, 2021 @06:09PM
(#25806403)
I agree with OP as well with hosting rights so I don't see why not. Otherwise it's a kind of enforced slavery. People shouldn't have to do work for people they refuse to do work for. Force a man to do such a thing and his will for civility can take a dive.
Re:State bill would let you sue social media giants for poli...
by threatofrain on Saturday January 16, 2021 @06:52PM
(#25806696)
> Great, so I can refuse to bake a cake for a gay wedding?
That’s already the case for the USA. You can also create religious organizations and ban gay people from employment there.
Because I'm pretty sure that protections equivalent to those in the First Amendment have been found applicable to the states under the Due Process Clause of the Fourteenth, and with that in place there doesn't seem to be any way this can be Constitutional.