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re: Federal Judge says Twitter is a PUBLIC FORUM....LOLOLOL
Posted on 8/6/18 at 9:50 pm to VOLhalla
Posted on 8/6/18 at 9:50 pm to VOLhalla
Well ya
Even though California is the government actor here, the US Constitution allows it (according to the Supremes). If not, it would have been overturned under the US Constitution, because clearly, California's Constitution allowed it.
So yes, a private enterprise can be a public forum subject to the 1st amendment rights of individuals.
Though, you only said "government" and didn't really parse which one. Under the federal, you don't have the implied right.
quote:
under the U.S. Constitution, states can provide their citizens with broader rights in their constitutions than under the federal Constitution, so long as those rights do not infringe on any federal constitutional rights
Even though California is the government actor here, the US Constitution allows it (according to the Supremes). If not, it would have been overturned under the US Constitution, because clearly, California's Constitution allowed it.
So yes, a private enterprise can be a public forum subject to the 1st amendment rights of individuals.
Though, you only said "government" and didn't really parse which one. Under the federal, you don't have the implied right.
This post was edited on 8/6/18 at 10:09 pm
1
Posted on 8/6/18 at 10:21 pm to Teddy Ruxpin
quote:
Even though California is the government actor here, the US Constitution allows it (according to the Supremes). If not, it would have been overturned under the US Constitution, because clearly, California's Constitution allowed it.
So yes, a private enterprise can be a public forum subject to the 1st amendment rights of individuals.
Though, you only said "government" and didn't really parse which one. Under the federal, you don't have the implied right.
Californian Constitutional free speech protections have zero to do with this thread.
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