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USA Supreme Court unanimously rules that access to social media is a constitutionally-protected right

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The US Supreme Court just ruled that using social media is a constitutional right

 

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Public space in the digital age has no shape and no physical place. But the US Supreme Court is now sorting out what that means for free-speech rights. Today (June 19), the justices unanimously held that states can’t broadly limit access to social media because cyberspace “is one of the most important places to exchange views.”

 

In Packingham v. North Carolina, the justices were asked to review a North Carolina statute that bars sex offenders from accessing social media altogether and makes it a felony if they post on any platform. The case has implications for all members of American society, however, not just sex offenders, and the court appears to be extremely conscious of the broader effect.


“A fundamental First Amendment principle is that all persons have access to places where they can speak and listen, and then, after reflection, speak and listen once more,” Justice Anthony Kennedy wrote. Given the fact that social-media platforms in particular allow for this kind of free communication, and that the constitution protects the right to exchange, the justices recognized this case was widely societally important, with Kennedy writing:

 

Here, in one of the first cases the Court has taken to address the relationship between the First Amendment and the modern Internet, the Court must exercise extreme caution before suggesting that the First Amendment provides scant protection for access to vast networks in that medium.”

 

...

 

Acknowledging that every advance in technology leads to new abuses by criminals, the notion that states can bar access altogether is anathema to the high court. The opinion noted that convicted criminals, perhaps more than others, would benefit from joining the societal conversation. The justices write:

 

Social media allows users to gain access to information and communicate with one another on any subject that might come to mind. With one broad stroke, North Carolina bars access to what for many are the principal sources for knowing current events, checking ads for employment, speaking and listening in the modern public square, and otherwise exploring the vast realms of human thought and knowledge.

 

The opinion issued today reflects the sentiments justices expressed during oral arguments in March. They noted then, during a comically postmodern session, that social media is where civic life takes place today. As justice Elena Kagan put it then, “Everybody is on Twitter.”


Today, they decided that “foreclosing access to social media altogether thus prevents users from engaging in the legitimate exercise of First Amendment rights. Even convicted criminals—and in some instances especially convicted criminals—might receive legitimate benefits from these means for access to the world of ideas, particularly if they seek to reform and to pursue lawful and rewarding lives.”

 

Well, interesting. I don't really have a lot of thought about this. I suppose it's good. I'm tired.

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Was an overly broad law, which seems to mostly be why they took the case and decided they way they did. SCOTUS generally tries to avoid getting into topics too early. The law in question completely barred access.  Expect "contact restrictions" to apply generally, however.

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What it sound like is that you cant just taka a group of peoples rights away and social media is considered a place where you can practice free speach.

 

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Just now, Tibbles said:

ok but I don't understand why anyone would give a fuck about social media in the first place

 

also social media is fake news :3c

its a protected terrorism platform that many countries want to control, which is logical, but at the same time invades normal citizens privacy at risk.

 

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1 minute ago, Tibbles said:

ok but I don't understand why anyone would give a fuck about social media in the first place

 

also social media is fake news :3c

Because social media is part of the internet. If you don't care about free speech being banned from social media, than you could as well stop caring about both free speech and the Internet, and move to North-Korea.

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15 minutes ago, 101dmrs said:

free speech being banned

The sad sad fact is, Facebook and Google are the first to censor it. Very sad!!!!!!!!! :(

Next is Microsoft and everyone else falls in line.

 

Those companies want to force upon society their own beliefs and values, plus they wanted Hitlery as the commander & chief so now its "Fake News" being the target.

 

If some dumb fuck wants to pay their IRS/CRA tax bill in i-tunes gift cards because the police are on their way, I dont care unless they do it to someone I know, my friends or family. Why isnt anyone doing anything about more important and pressing matters. There are way more of those. Unregulated Vapor industry, Unregulated ETF, Unregulated Pet Food, Predatory Lending Practices, Child molestation in religous outfits, elder abuse in old age homes, fentonol, illegal people in our country taking away jobs from citizens, the drug war. Heck even sectors of the banking industry have not changed since the bail out of the big banks. Though that is truelly an American problem. Canada's has been secure.

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9 minutes ago, 101dmrs said:

Because social media is part of the internet. If you don't care about free speech being banned from social media, than you could as well stop caring about both free speech and the Internet, and move to North-Korea.

i don't think there is a real limit to free speech like many people like to suggest. in a way me killing someone can be seen as free speech, im expressing my opinion physically. free speech isn't a neatly defined range, its always there in various degrees no matter the platform.

also the north korea argument is so defeatist and simplistic. its also a logical fallacy, ergo decedo.

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2 minutes ago, Tibbles said:

social media and censorship goes hand-in hand

 

1 minute ago, yathis said:

The sad sad fact is, Facebook and Google are the first to censor it. Very sad!!!!!!!!! :(

Next is Microsoft and everyone else falls in line.

Than start using encryption, opensource and selfhosted. Why pay for something that you even can't fully control. The more big companies will censor, the faster they'll fall.

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19 minutes ago, Sinole said:

the only law in the glass is the one that teacher sets lol.

it shouldn't be a democracy.

Classrooms are not dictatorships 

 

The School Board has rule over the teachers and the State Government has rule over the school board. 

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I dont use social media, I think its outright stupid.

Look what I had for dinner.

Look at this.

Look at that.

Fuck 'em with their Look at me shit, Egoism at its best. Self Centeredness at its best.

I feel sorry for the children and babies that are forced into it. Pictures.

But when it comes to online bullying that is a real problem, some have committed suicide, but thats an area of parenting in most respects and very little with laws/enforcement. Maybe deterrants to scare them lil uns. Lay the books on them so it makes the news and acts as a deterrant for up and comers.

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2 minutes ago, tlink said:

i don't think there is a real limit to free speech like many people like to suggest. in a way me killing someone can be seen as free speech, im expressing my opinion physically. free speech isn't a neatly defined range, its always there in various degrees no matter the platform.

also the north korea argument is so defeatist and simplistic. its also a logical fallacy, ergo decedo.

Well, then you're violating the other persons right to live, which is more fundamental than free speech

 

And, yeah, the north korea argument wasn't great.

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Just now, 101dmrs said:

Well, then you're violating the other persons right to live, which is more fundamental than free speech

 

And, yeah, the north korea argument wasn't great.

exactly my point. you're always going to infringe someones freedom to express themselves. and you're always going to infringe someone's right to live.

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2 minutes ago, tlink said:

exactly my point. you're always going to infringe someones freedom to express themselves. and you're always going to infringe someone's right to live.

yeah, but you're not solving the problem with banning bad people from social media, as they will find an other way to communicate, and the normal people will be left with the mess. People should stop trying to force stop people from doing things and start making the bad guys understand they doing bad. just as you will not solve the drugs problem with the war on drugs, but with rehab and reducing the demand for drugs. By banning it, you're just hiding it and making it worse, instead of stopping it

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Just now, 101dmrs said:

yeah, but you're not solving the problem with banning bad people from social media, as they will find an other way to communicate, and the normal people will be left with the mess. People should stop trying to force stop people from doing things and start making the bad guys understand they doing bad. just as you will not solve the drugs problem with the war on drugs, but with rehab and reducing the demand for drugs. By banning it, you're just hiding it and making it worse, instead of stopping it

im not saying i disagree with you, just that its not a good way to think about freedom.

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4 minutes ago, tlink said:

im not saying i disagree with you, just that its not a good way to think about freedom.

I'm not totally getting the 'just that its not a good way to think about freedom' part. You mean I'm saying free speech is unconditional, no matter what? Well that was not the intention. Just wanted to make the contrast to 'no free speech' and point out that if you stop caring about a part of something, it's easy to stop caring about the whole thing. You gotta defend the things you got. You might lose them anyway, but you'll have left a message. If you just 'stop caring', you've already lost. Facebook and the like, may be a total mess, but it's still a part of the whole. You may not like the look of you ears, well, you can't just cut them off. You gotta live with it, try making the best off it.

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Anyway, I'm glad this is a thing. Anyone got any ideas about how this affects Trumps tweets?

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1 hour ago, Sinole said:

the only law in the glass is the one that teacher sets lol.

it shouldn't be a democracy. Only dictatorship works in classroom. just like army

 

Its not dictatorship if one person decide stuff, but that one person is chosen by multiple.
Army and classroms is not dictatorships.

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It matters that you don't just give up.”

-Stephen Hawking

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3 hours ago, tlink said:

i don't think there is a real limit to free speech like many people like to suggest. in a way me killing someone can be seen as free speech, im expressing my opinion physically. free speech isn't a neatly defined range, its always there in various degrees no matter the platform.

also the north korea argument is so defeatist and simplistic. its also a logical fallacy, ergo decedo.

Except it isn't.  Speech would involve, well, speech.  

There is a somewhat neatly defined range because in order for one to "use speech," they'd have to use their voice.  

Granted, you are half correct.  How one uses said voice isn't a neatly defined range.  For example, because there's no clear definition of said speech, "fuck you," and "have a nice day," should both be protected.

But you killing someone isn't a form of free speech, as you can't use your voice to physically kill someone.

 

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Thread cleaned.

 

Please keep it on-topic.

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Now if only they would vote that access to the internet must be equal :/ 

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Well, the justice system already limits a persons rights. For example the sex offender example there are already limitations on their ability to assemble in certain places, so I don't see how there can't be limitation in the online world. Now enforcement would be more difficult.

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5 hours ago, 101dmrs said:

I'm not totally getting the 'just that its not a good way to think about freedom' part. You mean I'm saying free speech is unconditional, no matter what? Well that was not the intention. Just wanted to make the contrast to 'no free speech' and point out that if you stop caring about a part of something, it's easy to stop caring about the whole thing. You gotta defend the things you got. You might lose them anyway, but you'll have left a message. If you just 'stop caring', you've already lost. Facebook and the like, may be a total mess, but it's still a part of the whole. You may not like the look of you ears, well, you can't just cut them off. You gotta live with it, try making the best off it.

its a slippery slope fallacy though.. just because free speech on social media is limited doesn't mean that free speech in general is limited nor that the person not caring about free speech on social media doesn't care about free speech in general. like i said, its a sliding scale not an absolute.

6 hours ago, 101dmrs said:

If you don't care about free speech being banned from social media, than you could as well stop caring about both free speech and the Internet

 

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36 minutes ago, Ertman said:

Well, the justice system already limits a persons rights. For example the sex offender example there are already limitations on their ability to assemble in certain places, so I don't see how there can't be limitation in the online world. Now enforcement would be more difficult.

Its not just the sex offenders rights, rather that it could have much larger effects on others right to free speech in the future. 

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