When the 1st amendment was written in the late 1700’s, times were different.The amendment was written in the time before it was possible to reach millions of people with the click of a mouse. It would be hard to use the first amendment to promote lies. “The First Amendment is really about speaking directed at the government and whether the government censors it (Suciu).” This is important to consider when discussing the first amendment. Why and when was it written.
The 1st amendment was written at a time where the United States of America just won the revolutionary war against England and wanted to create a society that would be different from England. To be able to speak about and to the government without fear of censorship was something that did not exist in England.Things that are common today like social media and television were not around back in the 1700s.
Over the course of time, as life on Earth has changed, there have been more and more inclusions on what is considered protected speech. “Landmark Supreme Court cases have dealt with the right of citizens to protest U.S. involvement in foreign wars, flag burning and the publication of classified government documents (History.com).”
Commonly found on social media are issues with racism, cyber bullying, and articles made to incite violence. These are all made under the guise of the 1st amendment with the posters crying censorship and freedom of speech. It leads one to ask, if the 1st amendment were written today, how would it be worded and what would he protect? Would the 1st amendment require social media platforms to moderate and be responsible for their own platform?
The rise in social media over the last 20 years has led to the need to revisit what is protected and what is not. Is all speech posted on social media protected under the 1st amendment regardless of what it says? It hit mainstream politics during the 2016 presidential election with Russian interference in the election and the rise of “fake news”. “The idea of “truth” is under attack, and Russia was able to use social media to influence the 2016 U.S. presidential election in ways we’re still learning about (CSUF News).”
As social media continues to grow, the push for regulation of social media grows with it. When there are so many people posting and putting out inaccurate information, there needs to be a system of policing in place. It is the responsibility of the social media platform, “X”, Facebook, etc. to ensure they are providing a safe place and take responsibility if their platform is used for wrongdoing. “Having content moderation tools and policies in place is a part of how companies assume the responsibility of safe platforms, especially for marginalized people who find solace and community online (Coleman).”
With the growth of platforms like Facebook, the reliance on algorithms has risen to flag content which has been deemed dangerous. In the modern world, is this dangerous content protected by the 1st amendment? Should it be protected by the 1st amendment?
Discussion Questions:
- Does social media qualify for 1st amendment protection?
- Whose responsibility is it to oversee a social media platform?
- Is it possible to moderate mainstream social media in 2023?
- Should social media sites be penalized if they cannot protect their users?
- How intrusive should social media be when using algorithms to patrol their platform?
References
Suciu, Peter. “Understanding Social Media, the First Amendment and the Calls to Incite Violence.” Forbes, Forbes Magazine, 22 Apr. 2021, www.forbes.com/sites/petersuciu/2021/04/22/understanding-social-media-the-first-amendment-and-the-calls-to-incite-violence/?sh=4c42d52c2915.
“First Amendment – Rights, U.S. Constitution & Freedoms.” History.Com, A&E Television Networks, www.history.com/topics/united-states-constitution/first-amendment.
“Titan Media Law Expert Weighs in on First Amendment Battles.” CSUF News, 1 May 2019, news.fullerton.edu/2019/05/first-amendment-social-media/. Coleman, Theara. “Pros and Cons of Social Media Content Moderation.” Theweek, The Week, 9 Oct. 2023, theweek.com/tech/pros-and-cons-of-social-media-content-moderation.