Expanding First Amendment Reach in the Age of Social Media - Essay Sample

Introduction

Hudson, David’s article 'In the Age of Social Media, Expand the reach of the First Amendment," juxtaposes that the First Amendment only limits the federal, state, and local governmental actors, but does not limit the powerful private entities like the social networking sites. The social networking encompassed by the private entities, among others, Twitter and Facebook, can either control, limit, and censor speech even more than the government entities. Hence there is the need for the First Amendment to limit the communication capabilities of such powerful private entities to establish a society that cares for the free expression protection (Hudson). Caplan Lincoln’s article “Stress Test for Free Speech” underscores the public sphere as the central part of American democratic free speech. The free address is intangible, albeit dispensable, and demonstrates the rewards of the open debate and is safeguarded by the First Amendment as a foundation for public opinion. The first Amendment uses the public sphere free speech based on self-government to curb government powers by protecting an individual against infringement of the government on elementary rights like rights to petition and freedoms of speech, press, religion, and assembly (Caplan). However, the digital era conferred by social media platforms puts the First Amendment in uncertainty of protection the public sphere. The big question is, to what extent should the First Amendment protect the public's freedom of speech in this era of social media? Hudson’s article, therefore, juxtaposes the failure of the First Amendment to limit the freedom of speech from powerful private entities, albeit limiting it the free expression from government actors. In contrast, Caplan's article underlines the dilemma of the first Amendment in restricting the freedom of speech from the public following this era of social networking however both report acknowledges the support of the public discourse by the First Amendment.

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Comparing Caplan and Hudson’s Articles

Hudson’s Article focuses on social media entities and the protection of the freedom of expression by the First Amendment as ways of fulfilment by individuals without necessarily requiring the presence of the government. However, powerful private actors like social media are viable to infringe on the “freedom of expression” (Hudson). That exemplifies Caplan's article, which asserts that the First Amendment safeguards public opinion and restricting the government from censoring ideas and criticisms, albeit the First Amendment does not shield the contents of private companies like social media platforms in the quest of guaranteeing “freedom to the press” (Caplan). It also asserts that the substances produced by social media users are protected from the government.

Caplan's article underlines that the United States embraced the internet freedom concept in some generations ago in the quest of future digital optimism through creating interconnectedness and sharing information. That made the social media platforms “immune from the legal labilities of speech” from its users making the social media not to be held accountable for the problematic contents that are problematic, and the victims of such s contents cannot do much about the contents (Caplan). Such contents underlie child pornography, promotion of prostitution, obscene materials, conspiracy theories, fake news, insults, hate speeches, threats, among others that are enhanced by the social media platforms. Such notions are mirrored in Hudson’s article which underscores the law of the First Amendment, which posits that the government should neither distort nor engage in content control of the social media platforms as. That is because such platforms are ways of individual fulfilments that are in close relation to “liberty theories” that underlie that people crave the abilities for self-expression in the quest of becoming fully functioning individuals as censorship prevents personal growth and individual expressions.

Contrasting Caplan and Hudson’s Articles

Hudson’s article emphasizes on the continual protection of the freedom of expression in the social media by the First Amendment, citing that its individuals benefit from being in a position to express their views and “individual’s affirmative rights” to speak freely should be protected (Hudson). The article also articulates for continual protection of expression by the First Amendment since communication by the public on social networks simultaneously invoke the interests that are protected by the First Amendment underlying freedom of the press, freedom of association and freedom of speech. And that the content of the marketplace ideas should not be censored or distorted by the government as it is vital for individual fulfilment and people should freely express themselves to become fully functional individuals.

Hudson’s article is in contrast with Caplan’s article which underscores the misuse of the social media platforms that was earlier intended to create interconnectedness and sharing ideas thereby earning full protection from the first Amendment on immunity against censorship. The article adds that the immunity of the social media contents against legal liabilities has been misused as most users. Some users have made the contents of such media problematic like the spread of child pornography,obscene materials, promotion of pornography, insults, fake news, threats, conspiracy theories, among others. Yet the victims can do little about such contents (Caplan). The article also asserts that the “first Amendment’s overarching purpose” should be extended to the revisiting of the freedom of speech through the social media by regulation of the contents in the social media platforms as they protect the freedom of expression at the same time. That would subsequently bar the contention of the meaning of the First Amendment since it forms the central part of American life.

Works Cited

Caplan, Lincoln. “Stress Test for Free Speech.” The American Scholar, Phi Beta Kappa, 4 Sep.2018, https://theamericanscholar.org/stress-test-for-free-speech/#.XqcZPVNKg6j.Accessed 27 April 2020.

Hudson Jr., David L. “In the Age of Social Media, Expand the Reach of the First Amendment.”American Bar Association: Human Rights Magazine, vol. 43, no. 2018,https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/th-ongoing-challenge-todefine-free-speech/in-the-age-of-social-media-first-amendment/.Accessed 27 April 2020.