Sorry Losers and Haters: How Current Public Forum Analysis of Twitter Posts Allows for Silence of Dissent and Violations of Rights

Courts have relied on public forum analysis to address First Amendment challenges in a variety of settings. As discourse has shifted from the streets to tweets, the courts have used public forum analyses based on physical settings to assess online forums. However, many of the limitations of physical...

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Bibliographic Details
Published in:Houston law review 2023-04, Vol.60 (5)
Main Author: Welsh, Matthew W
Format: Article
Language:English
Subjects:
Data analysis
First Amendment-US
Human rights
Social networks
Violations
Online Access:Get full text
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Summary:Courts have relied on public forum analysis to address First Amendment challenges in a variety of settings. As discourse has shifted from the streets to tweets, the courts have used public forum analyses based on physical settings to assess online forums. However, many of the limitations of physical forums are not present online. On social media, and particularly Twitter, multiple accounts may control the visibility of a public forum, and yet other accounts may control who can access the same forum. The current analysis utilized by the courts fails to consider these differences, resulting in rights violations and invasions of personal liberties. A test that more diligently applies the principles behind the current public forum analysis ensures that both personal freedoms and the integrity of public forums are prioritized. Further, this test, as applied to Twitter, can inform the analysis of other online forums and the development of First Amendment principles for online settings.
ISSN:0018-6694