Professor David Golumbia is correct that platforms like Twitter and Facebook are unbound by the Very first Modification, and thus lawfully free of charge to exert additional control around users’ speech. He may perhaps also be appropriate that they have also much sector power. But his suggestion that governing administration itself must be absolutely free to suppress speech it deems “antidemocratic” is opposite to the Initially Modification and, indeed, perilous.
Envision the speech that could be suppressed by a govt controlled by the likes of Donald Trump, Josh Hawley, Ted Cruz, and many others who contend that mail-in voting is by some means undemocratic, who believe that calls to defund or reimagine policing are undemocratic, or who truly feel that criticizing a duly elected president undermines democratic ideas.
Conspiracy to dedicate sedition and incitement to insurrection are presently federal crimes that can be punished steady with the First Modification. Legitimate threats to dedicate violence can also be curtailed. The latest statements by Trump and his cronies may effectively warrant prosecution under this sort of regulations. But allowing for federal government officials to suppress speech they watch as undemocratic would certainly be a danger to our democracy.
Senior and controlling lawyer
American Civil Liberties Union of Massachusetts