One of the most ironic situations this year has been how the very same individuals who passionately defend a bakery’s right to refuse service to a gay couple—claiming “First Amendment rights”—are now up in arms over Trump being banned from Twitter and Facebook. Ah, the supporters of Trump. It’s disheartening. Beyond their glaring hypocrisy, they clearly need a refresher on what the First Amendment actually entails and who it protects us from.
Understanding the First Amendment
Let’s take a look at the First Amendment:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
Remember, it’s Congress that is restricted from making laws that infringe on free speech—not social media platforms like Twitter and Facebook. These platforms are private companies, not government entities, and they have the right to determine who they allow on their services. When users sign up, they agree to the terms, and violating those terms can lead to being removed from the platform.
The Bakery Example
Now, let’s circle back to the bakery example for a moment. It’s undeniably hypocritical for those who support the bakery’s discriminatory practices to then complain about Trump’s ban from Twitter. However, the two cases differ significantly. Social media companies aren’t banning Trump and his supporters due to their identity but rather because they pose a threat to our democracy. Following numerous warnings, they perpetuated false claims about a “rigged” election, inciting unrest and plotting a governmental takeover.
The bakery’s refusal to serve was a violation of civil rights, while Twitter is merely ejecting a disruptive patron. A comparable scenario for the bakery would be if the couple had behaved inappropriately, disrupting the establishment, leading the bakery to say, “Your actions are unwelcome here; please leave.”
Concerns About Big Tech
Some civil rights advocates and political figures express concern that private companies banning Trump based on his “opinions” might pave the way for more troubling forms of control by big tech. They fear that large social media platforms could start denying service to individuals based on protected identities. Yet, these identities are safeguarded by law.
Twitter, Facebook, Amazon, and Apple are not denying Trump service because of who he is; they are refusing him due to his harmful actions. This situation does not constitute a violation of anyone’s constitutional rights. In fact, it illustrates a free market functioning as intended. Conservatives often praise the self-regulating nature of the free market, arguing that businesses should be able to refuse service based on personal beliefs. If they want to, bakers can refuse service to individuals they dislike, and those individuals can simply find another baker to cater to their needs.
In this instance, the free market has done exactly what advocates proclaim it should: it removed a problematic entity from its ranks. And not a single individual’s constitutional rights were infringed upon in the process.
Further Reading
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Summary
The debate around First Amendment rights and social media bans highlights a significant hypocrisy among some Trump supporters who defend discriminatory practices while opposing the removal of harmful figures from platforms. The key distinction lies in the nature of the bans: social media companies act as private entities protecting democracy from harmful actions, while a bakery’s refusal to serve a gay couple was a violation of civil rights. Ultimately, the free market operates effectively in this scenario, ensuring that harmful behaviors are addressed without infringing on constitutional rights.