Freedom of speech on social media cases
Brett M. Who can or cannot restrict free speech? What type of speech can be restricted? And how does this apply to speech restrictions on social media platforms which have become so prevalent?
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Content:
- India's top court tackles social media in free speech case
- The First Amendment Encyclopedia
- Massachusetts Criminal Defense Lawyer Blog
- India’s Misguided War on Social Media
- Justice Thomas sends a message on social media regulation
- Social media and free expression
- Supreme Court debates student free speech rights on social media
India's top court tackles social media in free speech case
The U. Supreme Court wrestled openly on Wednesday with how to balance the free speech rights of American teenagers on social media with the needs of schools to maintain order and discipline in classrooms and on playing fields.
The justices heard oral arguments in an appeal by a Pennsylvania school district seeking to reverse a sweeping lower court decision that said what students say off campus after hours is strictly off-limits for punishment by school officials.
They were wary of that stark standard even as most were also uneasy with the idea of schools policing student speech unfettered, after hours. The case involves a former teenage cheerleader in the Mahanoy Area School District who was given a year suspension from the squad in after a coach learned of an expletive-laden Snapchat message posted to teammates online over a weekend.
I was angry," she said in an interview. Levy sued the school and won twice in lower federal courts. She was reinstated to the team and graduated last spring. Attorneys for the district argue that schools need to be able to respond to student speech that is disruptive, even if it takes place off of school property.
The court has not addressed the matter of school-related speech made off campus, after hours on social media. Over nearly two hours of arguments, the justices openly wrestled with how and where to draw the line. Can you punish her for cursing on the way to school?
Justice Stephen Breyer wondered openly whether court precedent authorized any school punishment for the type of posting made by Levy. Justice Brett Kavanaugh was openly sympathetic to Levy, saying outright that he was "bothered" as a "judge and coach and parent, too," by the punishment.
She cares. She blew off steam like other kids do," Kavanaugh said. A year suspension from the team just seems excessive to me. Justices Elena Kagan and Amy Coney Barrett, however, raised the legitimate stakes for schools in potential scenarios of cheating on academic assignments and student threats of violence that might take place electronically, off campus.
ACLU attorney David Cole, representing Brandi Levy, said communities across the country already have anti-bullying and anti-harassment legislation that is constitutional and enforceable. End of story," Cole argued. We'll notify you here with news about. Turn on desktop notifications for breaking stories about interest? Comments 0. Top Stories.
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The First Amendment Encyclopedia
The recent U. Supreme Court ruling on free speech for students in the social media era at least established this: You can give your school the finger. Beyond that, the main takeaway seems to be that social media remains a place potentially fraught with peril — for students, schools and everyone else. The Supreme Court case was of keen interest to schools across the nation.
Massachusetts Criminal Defense Lawyer Blog
Given the prevalence of social media in modern society, more and more First Amendment cases in the future will likely involve speech over social media. Numerous First Amendment issues have arisen out of the communications medium known as social media or Internet social networking sites, such as Facebook or Twitter. No less an authority than the U. Supreme Court has explained in Packingham v. In Packingham , the Supreme Court invalidated a North Carolina law that prohibited sex offenders from accessing social media websites. The court explained that such a law was overbroad and would criminalize a wide range of legal activities. The decision emphasized the free-speech capabilities of social media, similar to how the court viewed the speech-enhancing capabilities of the Internet in Reno v. ACLU
India’s Misguided War on Social Media
The censoring of Donald Trump by the biggest media platforms has prompted a pressing focus on the respective roles of rights, algorithms and people in dealing with such cases. The last days of the Trump administration will be remembered for many things — the former United States president refusing to concede defeat to the victor Joe Biden, the tragic storming of the Capitol by his supporters and, by those following trends in technology and freedom of expression, the removal of his accounts by Twitter, Facebook, YouTube and Instagram. In the six months since the event, attitudes in the US have changed about whether the takedowns were the right thing to do in light of an individual's right to freedom of expression. Immediately after the ban, for instance, Pew Research Center found that about 60 per cent of Americans agreed that the media companies had done the right thing. By May, the American public was split broadly along party political lines.
Justice Thomas sends a message on social media regulation
The U. Supreme Court wrestled openly on Wednesday with how to balance the free speech rights of American teenagers on social media with the needs of schools to maintain order and discipline in classrooms and on playing fields. The justices heard oral arguments in an appeal by a Pennsylvania school district seeking to reverse a sweeping lower court decision that said what students say off campus after hours is strictly off-limits for punishment by school officials. They were wary of that stark standard even as most were also uneasy with the idea of schools policing student speech unfettered, after hours. The case involves a former teenage cheerleader in the Mahanoy Area School District who was given a year suspension from the squad in after a coach learned of an expletive-laden Snapchat message posted to teammates online over a weekend. I was angry," she said in an interview.
Social media and free expression
Free Speech is a constitutional right. The Court has identified several categories of speech that are not protected under the First Amendment. Ohio outlined what speech is considered incitement, and thus unprotected. The issue with arguing that social media is incitement is that, while a social media post may advocate for an immediate lawless action, the post would not be considered incitement unless it also was likely to produce such an action. In this respect, individuals who are physically present have the ability to immediately take action in response to the speech, whereas viewers of social media arguably do not. However, even in cases in which speeches were made in person, the Court has not always found the immanency needed to produce incitement. Indiana , the Court reversed a disorderly conduct conviction.
Supreme Court debates student free speech rights on social media
A project in the Human Rights in the Digital World research progamme. Social media platforms have revolutionised our ability to connect across historic social, political and geographic divides. Where previously gatekeepers mitigated and negotiated access to mass media platforms, today potentially anyone — and any content — can reach millions of individuals in an instant.
These are the core obsessions that drive our newsroom—defining topics of seismic importance to the global economy. Our emails are made to shine in your inbox, with something fresh every morning, afternoon, and weekend. Last week, Texas Governor Greg Abbott signed a bill into law that forbids the largest social media companies from removing users or their posts based on their political viewpoints. It also lets Texans sue social media websites with more than 50 million US users over perceived violations. Kate Huddleston, an attorney with the American Civil Liberties Union of Texas, says governments forcing private parties to carry political content violates the First Amendment protections under the US Constitution.
The way in which social media shapes the public conversation has an unpleasant underbelly, exposing and arguably fostering hate and division, while fueling an explosion of objectionable images ranging from child abuse to revenge porn. The risk is that these tensions will become an excuse for restricting freedom of expression, transforming social media from being platforms that enable limitless voices to reach limitless audiences into platforms that allow a few powerful voices to reach huge numbers of people. In India, a country of over million internet users and the biggest market by user numbers for both Google and Facebook, these tensions are now crystallizing into a battle between the government and social media platforms. But these are dark days for freedom of expression in India. India also imposed the largest number of internet shutdowns globally, with 80 percent of them in Jammu and Kashmir. In September , Amnesty International was forced to cease operations in the country. The rules require social media platforms to exercise due diligence processes to ensure they do not host illegal content and allow the government to notify platforms that a specific piece of information is illegal.
The First Amendment protects individuals from government censorship. Social media platforms are private companies, and can censor what people post on their websites as they see fit. Hate speech is speech that offends or attacks people on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, disability, disease, or other traits.
Rather useful piece