Sunday, December 11, 2016

Path to First Amendment Enforcement in Private Entities

You own a home. The deed has the boundary line in the middle of the street, and certainly includes the sidewalk in front of the house. If you do not shovel the snow from that sidewalk, you may be fined by the city. It is considered your property.

The sidewalk is your property. It is a public accommodation. Can you exclude people in protected classes from your sidewalk? No. If protesters with a viewpoint want to set up a picket line, in the correct time and manner, may you exclude them based on their viewpoint? No.

Facebook is a private corporation to whom the First Amendment does not apply. However, it is not the dining room of the property. It is the sidewalk. It may not exclude people, or ban, or punish people based on viewpoint. It is the ultimate public accommodation, the ultimate sidewalk portion of the property, with 1.5 billion invitees.

I support an aggregate claim against Facebook, and compensation of $10 Billion to those who have been banned based on viewpoint.

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