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What Roman Mars Can Learn About Con Law

Double Dose of Jacobson

What Roman Mars Can Learn About Con Law

Roman Mars

Government

4.84.1K Ratings

🗓️ 3 August 2021

⏱️ 26 minutes

🧾️ Download transcript

Summary

As people argue over public policy regarding the COVID vaccine, Jacobson V. Massachusetts (1905) is invoked a lot. Plus, Trump is in court and the first Capitol riot conviction.

Transcript

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0:00.0

Okay, so we're talking on July 23rd on Friday afternoon and so what do we have for this month?

0:06.0

Well, first, uh, Trump update, we haven't talked about him for a while.

0:10.0

Heaven for a friend.

0:13.0

Well, at the beginning of the month, Donald Trump filed a class action lawsuit against

0:19.6

Facebook, Twitter, and Google in federal court for banning or blocking him from being on their

0:26.0

sites and posting content. Now remember you know Trump was deplatformed at the

0:30.2

beginning of the year right you had the January 6th attacks on the capital,

0:35.5

Twitter and YouTube, which is owned by Google, banned Trump and then Facebook suspended

0:40.8

Trump for two years. so he kind of disappeared on all of these sites and

0:46.4

Trump responded by setting up a blog have you ever taken a look at it? I have not.

0:51.6

Yeah neither have I.

0:54.0

And neither did anyone else apparently because it quietly died after about a month.

0:59.1

Now, Trump's claim in this lawsuit is that his First Amendment rights were being violated by

1:05.0

being deplatformed. The problem with the lawsuit is that the First Amendment

1:09.5

only applies to what the government does. Now Trump Trump's claim here is that, well, maybe that's technically true, but Facebook,

1:17.7

Twitter, and Google behave just like many governments, and since they are kind of like many governments

1:24.8

they should have to follow the same rules that apply to governments.

1:28.2

As a part of this, he also asked the federal court to declare a section 230 which gives platforms some immunity with respect to user

1:35.8

content unconstitutional.

1:38.7

So let's get back to the First Amendment problem.

1:41.1

Maybe these places, Twitter, Facebook, they feel like the new public square.

1:45.0

But you know, the reality is that the heads of these three tech companies don't work for the government.

...

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