The federal government should not be working with anyone to censor speech. I protect Facebook’s right to control the speech on its site.
But does the government flagging posts on Facebook violate me? A few points:

First, I protect you from the government, not from Facebook. Facebook removing posts on its own does not violate me. There needs to be government action to implicate me.
Second, the government is allowed to engage in its own speech. It can express a certain viewpoint and doing so does not violate me. So the government “getting factual information out there” etc. does not violate me.

mtsu.edu/first-amendmen…
Third, it can violate me when the government coerces a business into taking actions that censor speech—think threat of prosecution or of other governmental action. For example, this case:

eff.org/files/2015/11/…
The outcome will depend on the facts of any particular case, but there is a line between the government simply using its own speech to say it thinks certain posts are factually incorrect and the government threatening/coercing Facebook into removing certain posts.
Here’s a better example of how the government could handle this issue:

But I reiterate: the federal government should not be in the business of censoring speech or controlling how private companies moderate content on their sites.

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More from @USConst_Amend_I

25 May
I limit state and local governments.

A short thread...
Yes, my text limits only Congress, not state and local governments—“Congress shall make no law...” Image
And in 1833 the Supreme Court said the Bill of Rights did not apply to the state and local governments.

mtsu.edu/first-amendmen…
Read 8 tweets
19 Apr
When the ACLU has to get a TRO to stop your State Police from arresting, threatening to arrest, or using physical force against journalists, you have failed.

When @rcfp is sending you letters, you have failed.

Read 5 tweets
17 Mar
This would violate me. There is no general “disinformation” or “propaganda” exception to the First Amendment.
Re: defamation as a way to combat “misinformation”:
Read 4 tweets
4 Feb
Speech does not lose First Amendment protection simply because it is false.

en.m.wikipedia.org/wiki/United_St…
There is no “lie” exception to the First Amendment

Read 7 tweets

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