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Social Media vs the Constitution


Salvador Dali The burning giraffe 1937
Dali: “The only difference between immortal Greece and our era is Sigmund Freud who discovered that the human body, which in Greek times was merely neoplatonical, is now filled with secret drawers only to be opened through psychoanalysis.”
An ancient Latin saying goes: “Quod licet Iovi, non licet bovi” (what is permissible for Jupiter, is not for an ox). It feels very much on topic when social media are concerned. And as the heat over their censorship is turned up, it may well be the decisive factor.

Reuters reiterates today that on May 23, Manhattan US District Judge Naomi Reice Buchwald ruled that Donald Trump’ Twitter account is a public forum and blocking Twitter users for their views violates their right to free speech under the First Amendment. The same, says the ruling, applies to other government officials’ accounts.

On August 10, the Knight First Amendment Institute at Columbia University sent the Justice Department a list of 41 accounts that remained blocked. Since, at least 20 have been unblocked. Interestingly, the same Justice Department has stated that the ruling was “fundamentally misconceived” arguing Trump’s account “belongs to Donald Trump in his personal capacity and is subject to his personal control, not the control of the government.”

Potentially even more interesting is that “the Internet Association, a trade group that represents Twitter, Facebook Inc, Amazon.com, and Alphabet Inc, filed a brief in the case earlier this month that did not back Trump or the blocked users but urged the court to “limit its decision to the unique facts of this case so that its decision does not reach further than necessary or unintentionally disrupt the modern, innovative Internet.” “

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Olduvai IV: Courage
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Olduvai II: Exodus
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