Free Speech and Censorship

In the United States of America, we already know the common limits placed upon the ‘right to free speech’, though their breadth and scope leave much ambiguity. For instance, we cannot yell fire (falsely) in a theatre, cannot incite a riot or other specific acts of violence, and the formerly rarely enforced but soon to be explosive “seditious speech”. But recently, we have increasingly become aware and, at this point, perhaps have some experience of a more difficult case of first amendment rights: free speech on the internet—specifically on social media platforms.

The difficulty arises from the fact that all social media platforms are ostensibly private entities and as such users and employees are arguably not protected by the first amendment but it is also the case that these digital platforms have largely replaced the public square which is the very arena of politics. We know that these platforms play a deciding role in public elections, and we now know that government agencies have pressured all of them to censor specific stories, persons, and even entire political classifications.

Amendment the first:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

U.S. Constitution, 1791 (Amendment)

I think we ought to try to answer some interesting questions about the ‘right to free speech’:

1. Is such a right intrinsically good, evil, neutral? (An entire taxonomy of perversion and its adherents has been the result of protecting the first amendment. However, we might also note that a great many abuses have been avoided and hence, tyranny has been prevented.)
2. How should ‘free speech’ be defined and what ought its limits be?
3. How can we consistently maintain that not only the first amendment but most of the bill of rights do not necessarily apply to the employees and customers of private companies?