Trump Twitter Ban Doesn’t Violate First Amendment

9th January 2021

Trump Twitter Ban Doesn’t Violate First Amendment

The First Amendment does not apply to private businesses (Getty Images).

The Claim

Twitter's indefinite suspension of President Donald Trump's personal account is a violation of his First Amendment right to free speech.

News posted on

Emerging story

On Friday, January 8, 2020, Twitter placed an indefinite ban on Trump’s personal account. Subsequently, many took to social media to claim that the ban is a violation of his First Amendment right to free speech. The hashtags #FirstAmendment, #FreedomOfSpeech, and #1984IsHere went viral.

Misbar’s Analysis

Misbar’s investigation found that the First Amendment is meant to constrain the power of the government, not private businesses. It says that Congress shall make no law that prohibits the practice of free speech.

This means it only limits government actors. Twitter has three main shareholders: Evan Clark Williams, Jack Dorsey, and Peter H. Fenton. All of these are private citizens, not members of the government. According to Law Professor Gregory P. Magarian, “The First Amendment doesn’t require any private forum to publish anyone’s speech.”

Many social media users have shared a popular XKCD comic (below) in rebuttal to the claim that Twitter violated the First Amendment.

While some believe that social media companies should not regulate content, they are within their legal rights to do so without violating the First Amendment.

Similarly, Simon & Schuster’s cancellation of Senator Josh Hawley’s book publication following his involvement in the riot is also not a violation of the First Amendment, even if he feels it is a “direct assault on the First Amendment.”

Facebook and Instagram have also suspended Trump’s accounts indefinitely.