SCOTUS Ruling Could Let Tech Platforms Avoid First Amendment Constraints
In Manhattan Community Access Corp. v. Halleck, the high court decided that in most instances, private companies cannot be regarded as "state actors" that can be penalized for violating free speech rights.
June 18, 2019 at 01:00 AM
5 minute read
The original version of this story was published on National Law Journal
Facebook, Twitter and other tech firms could benefit from a U.S. Supreme Court ruling Monday that redefines when private companies can be treated like government entities under the First Amendment.
Ruling in Manhattan Community Access Corp. v. Halleck, the high court decided that in most instances, private companies cannot be regarded as “state actors” that can be penalized for violating free speech rights.
Justice Brett Kavanaugh, joined by four other conservatives on the court, wrote the majority opinion. He stressed that “the Free Speech Clause prohibits only governmental abridgment of speech. The Free Speech Clause does not prohibit private abridgment of speech.”
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