Looking forward to next week’s inauguration, the D.C. With respect to social media, the terms of service, not the First Amendment, are the applicable “law.” If you agree to those terms and violate them, social media companies are within their rights to restrict your access to the platform. Social media companies have First Amendment rights of their own – to determine what content to display, comment on false and misleading posts, and even ban users (including presidents). As such, under current law they are not bound by the First Amendment (although some have advocated they ought to be, owing in part to the broad powers they exercise over speech). Facebook, Twitter and other platforms are private entities. The First Amendment and other constitutional rights generally only apply to government actors, officials and institutions. Does this constitute a violation of his First Amendment rights? 6, President Trump’s social media accounts were frozen and eventually removed entirely. Under the First Amendment, speakers do not have a right to communicate serious threats of bodily injury or death to others, incite imminent lawless action where that action is likely to occur, or conspire to commit criminal acts. However, it does not protect speech that poses an imminent danger of physical injury to individuals or groups or that advocates commission of specific illegal activities. It even protects advocacy of insurrection in the abstract. The First Amendment provides ample breathing space for sharp and caustic political rhetoric. – can’t invoke the First Amendment as a defense to these criminal acts. Those engaged in riotous conduct – breaking windows, vandalizing the Capitol and its contents, assaulting officers, using bear spray, etc. The First Amendment does not protect violent activity. ![]() Can you explain how the First Amendment applies, or doesn’t apply, to what happened at the Capitol on Jan. His most recent book, The First Amendment in the Trump Era, was published by Oxford University Press in 2019. He testified before Congress on the Occupy Wall Street protests and rights of free speech, assembly, and petition. ![]() Zick has been a frequent commentator in local, national, and international media regarding public protests and other First Amendment concerns. Capitol, William & Mary News spoke with Timothy Zick, nationally recognized free speech expert and John Marshall Professor of Government and Citizenship at William & Mary Law School. ![]() In the wake of last week’s deadly riot at the U.S.
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