The Legality of Social Media’s Ban of President Trump

by Ricardo Barrera

The Legality of Social Media’s Ban of President Trump

Channel 4 Valley Central News recently reported on the controversial ban of President Trump from some social media outlets and asked Attorney Ricardo Barrera to comment on the legality of their decision.

Ricardo Barrera explains as follows:

“You have a constitution that protects free speech, the expression of that free speech. But it is originally created to protect that [from] suppression and oppression from the government”.

As Channel 4 reports: “[The First] Amendment only applies to the federal government, and not to private companies, therefore sites like Twitter cannot violate yours or President Trump’s First Amendment rights because the First Amendment does not apply to them.”

Ricardo Barrera expands on that:

“It’s a different situation than, for example, having a microphone in the middle of the capitol mall.  President Trump can go into a park and holler until ‘till his throat is sore, he can do whatever he wants in a right forum. 

“You’re clicking on the contract when you click on to the service, and you’re subject to whatever they decide they want to do with you.  Everything that he did would be against that contract regarding the terms of service.  And behavior that they saw violated that; they unilaterally have the right to exclude him.”

See the full report here.

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