Your proposal to amend the Civil Rights Act to address free speech is an interesting approach @adamgarrie.
However, it might not fully capture the complexities involved in the interaction between free speech rights and business interests, particularly in scenarios where speech disrupts commerce.
The real crux of the issue, especially with Big Tech’s role in censorship, seems to lie in the broader relationship between corporate power and state influence. The 5th Circuit’s decision in the case involving Robert F. Kennedy Jr., where it was revealed that government agencies influenced Big Tech to censor content, yet the suit was dismissed for lacking legal standing, underscores this problem. This indicates that there might be a significant gap in how current laws address corporate actions that align with government censorship objectives, often under the guise of commercial rights.
A more effective strategy could involve crafting a comprehensive legislative framework that clearly delineates the separation between corporate entities and state functions, ensuring that there’s a legal basis for courts to address:
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Overreach by corporations in areas where they act as de facto public forums or utilities for speech.
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Collusion between government and private companies to bypass constitutional protections.
Such legislation would aim to:
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Clarify the legal responsibilities of corporations in relation to free speech, particularly when they are positioned as the modern public square.
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Strengthen judicial oversight to ensure that citizens’ rights under the First Amendment are not undermined by corporate policies or government partnerships.
This would help ensure that freedom of speech is protected in a manner that’s both robust against government overreach and sensitive to the operational needs of businesses. I’ve proposed a more detailed approach to this issue in my policy proposal “Establish the Separation of the Corporatocracy and the State” here, which seeks to address these concerns in a more comprehensive way.