this post was submitted on 20 Nov 2024
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No it's not a public space.
Public space would be a place like a national park or the sidewalk. These forums are owned and operated by a private company, they're private spaces and can be moderated however the company sees fit. Same thing for Twitter or Facebook or Lemmy.
A senator has the right to tell them that they need to do a better job at moderating their platform if there's reasons to believe they're letting people threaten violence or incite criminal activity.
Alright that's still a weird ruling to someone outside America though because something like a shopping mall or a parking lot are public spaces here too as well as anything that is openly visible on the internet. Which makes a lot of sense.
@[email protected] speaks unclearly when saying “public space”—the term they are thinking of is usually “public forum.” source
The rules around what constitutes a true public forum and what the public forum doctrine even means are fuzzy, but in all cases the term refers to a space owned or created by the government.
Thus, a shopping mall, parking lot, or internet forum, being owned by a private company, is not a public forum and can’t really be defended on the basis of the public forum doctrine.
Finally, as @[email protected] points out, none of this matters anyway in cases of incitement to imminent lawless action like threats or terrorist speech, which the First Amendment does not protect.
See the US section, the use of the term "public space" in this conversation is acceptable as the term "public" is used in opposition to privately owned and not public in the sense that it's open to the public like a mall is.
.https://en.m.wikipedia.org/wiki/Public_space
that’s fair, i’ll edit to say speaks unclearly rather than misspeaks. thanks for the clarification :)