Is banning Trump from Facebook a First Amendment issue? Clarence Thomas, other conservatives say it is – By Chelsey Cox (USA Today) / June 20 2021
The Facebook oversight board’s decision to extend the suspension of former President Donald Trump’s account earlier this month raised the ire of some on the right. Trump’s account has been frozen since Jan. 7, after he praised supporters who launched a deadly attack on the Capitol, but Facebook said it would consult experts to determine when “the risk to public safety has receded.”
“If Big Tech can ban a former President, what’s to stop them from silencing the American people next?” said Republican National Committee chair Ronna McDaniel.
Conservatives’ reactions reflect a new push to expand First Amendment free speech protections to privately owned forums. Dozens of states — many run by Republicans — have proposed legislation targeting private companies’ policies. And conservative U.S. Supreme Court Justice Clarence Thomas recently questioned the constitutionality of private company control over user content.
However, the First Amendment, which states that “Congress shall make no law… abridging the freedom of speech,” applies to government entities, not private domains.