Reply To: United States – No Unity after an Insurrection

CTL, I must partially correct you. It is true that SCOTUS ruled that public access channels are not public forums (Manhattan Community Access Corp. v. Halleck) and presumably this would also apply to social media. However, if a non-state body acts “under color of law” it is also subject to the Constitution. Thus, in Terry v. Adams, 345 U.S. 461 (1953), the Court ruled that not only may a political party not bar blacks (see Smith v. Allwright, 321 U.S. 649, and United States v. Classic 313 U.S. 299 (1941)) but not even an organized party faction may do so. It is not inconceivable that social media will become such an integral part of the process that they too will be subjected to constitutional constraints.