Re:Judge refuses to reinstate Parler after Amazon shut it down
by Terretta on Thursday January 21, 2021 @07:09PM
(#25866523)
Note that Parler’s very first reply to AWS defends hate speech and misunderstands the first amendment:
> The first example, as hateful as it is, would not be deemed a violation of our terms of service. Following Nadine Strossen (New York Law School, ACLU), Parler does not ban "hate speech" insofar as it would be protected by the First Amendment.
By the time of the filing, Parler realized this was mistaken on both counts. As noted in the judge’s denial:
> “Parler is not asserting a violation of any First Amendment rights, which exist only against a governmental entity, and not against a private company like AWS. And indeed, Parler has not disputed that at least some of the abusive and violent posts that gave rise to the issues in this case violate AWS’s Acceptable Use Policy.”
Just to underline that first sentence, for end users on Parler, or Twitter, or AWS, “First Amendment rights” are not a thing.
> The first example, as hateful as it is, would not be deemed a violation of our terms of service. Following Nadine Strossen (New York Law School, ACLU), Parler does not ban "hate speech" insofar as it would be protected by the First Amendment.
By the time of the filing, Parler realized this was mistaken on both counts. As noted in the judge’s denial:
> “Parler is not asserting a violation of any First Amendment rights, which exist only against a governmental entity, and not against a private company like AWS. And indeed, Parler has not disputed that at least some of the abusive and violent posts that gave rise to the issues in this case violate AWS’s Acceptable Use Policy.”
Just to underline that first sentence, for end users on Parler, or Twitter, or AWS, “First Amendment rights” are not a thing.