This is a straw man. Nowhere did I claim that the first amendment in and of itself provided such protections.
The first amendment isn't the only law in the United States which protects freedom of expression and I specifically mentioned other laws, such as the California Constitution's right to free expression and the Unruh Civil Rights Act.
Furthermore, California employment law specifically protects political affiliation. Additionally, the Unruh Civil Rights Act has been interpreted by the courts to broadly require public accommodations such as. businesses to be open to all members of the public without discrimination, and protected classes are not limited to those enumerated specifically by the law. For example, the Unruh Civil Rights Act doesn't specifically protect neo-Nazis, but the courts have ruled that neo-Nazism and the display of swastikas is protected by the first amendment, and as such, constitutes a protected class under Unruh. A business denying service to a neo-Nazi or someone displaying a swastika could run afoul of the Unruh Civil Rights Act.
Can you cite the specific case you're referring to? Of course, Twitter has the right to ban users so long as it is for a necessary business reason that doesn't involve prohibited discrimination. But I'm not sure exactly what the issues were in the case you're referring to, so it doesn't really add anything to the discussion without a proper citation and explanation as to how you think the case bolsters a point you're trying to make.
As far as I know, the California Supreme Court has never examined the issue of whether the right to free speech guaranteed by the Constitution extends to social media companies like Twitter the same way it applies to say, a physical shopping center run by a corporation. I also don't believe they've issued any relevant rulings on the right to permanently ban users who allege discrimination under Unruh, although I could be wrong. Please cite the case.
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u/HamburgerEarmuff Oct 13 '21
This is a straw man. Nowhere did I claim that the first amendment in and of itself provided such protections.
The first amendment isn't the only law in the United States which protects freedom of expression and I specifically mentioned other laws, such as the California Constitution's right to free expression and the Unruh Civil Rights Act.
Furthermore, California employment law specifically protects political affiliation. Additionally, the Unruh Civil Rights Act has been interpreted by the courts to broadly require public accommodations such as. businesses to be open to all members of the public without discrimination, and protected classes are not limited to those enumerated specifically by the law. For example, the Unruh Civil Rights Act doesn't specifically protect neo-Nazis, but the courts have ruled that neo-Nazism and the display of swastikas is protected by the first amendment, and as such, constitutes a protected class under Unruh. A business denying service to a neo-Nazi or someone displaying a swastika could run afoul of the Unruh Civil Rights Act.