T
ThinkingSapien
Guest
Courts have said they literally have not.Facebook and Twitter have literally become the town squares of the nation
PragerU v YouTube was the most recent attempt to use the town square argument. See the dismissal to see the court’s response to this argument. This is not the only court opinion to look at the argument.
Judge McKeown:
Townsquares are generally public property. Laws about town squares are generally inapplicable to private property. There is an exception for “company-owned towns.” Prager tried to use an argument about company-owned towns in court too. The court was not persuaded by it.Importantly, private property does not “lose its private character merely because the public is generally invited to use it for designated purposes.” Lloyd Corp. v. Tanner, 407 U.S. 551, 569 (1972). YouTube may be a paradigmatic public square on the Internet, but it is “not transformed” into a state actor solely by “provid[ing] a forum for speech.” Halleck, 129 S. Ct. at 1930, 1934
The courts have also said that these services are not sufficiently necessary for free speech; someone can talk about and share information without them. These services do not have a duty (legal obligation) to distribute speech.One could easily make the case for election interference because of what they have done in keeping things that could negatively affect the Biden campaign from being discussed or disseminated by others.