Twitter has been an ongoing story since the Trump presidency and ramped up even more when Twitter suspended Trump’s account after the events of Jan 6, 2021. Many felt Twitter was wrong in suspending Trump’s account, citing free speech. Of course, Twitter is not the only social media platform that has come under attack for limiting free speech, as Facebook has had similar issues and has been accused of limiting conservative speech. The argument seems to stem from the questions: What is free speech? Does social media constitute a public space? Historically speaking, the argument between public and private is not new and maybe a case from the Gilded Age about trains can shed some light. Whenever plausible, I like to start with the Constitution and the law. The First Amendment states, “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.” This is possibly the most misunderstood clause in the Constitution. It does not say individuals can say whatever they want with no consequences. It says Congress cannot pass laws against free speech. In other words, you can attack the President (with words) and not go to jail, but it does not mean you can attack your boss and not get fired. Here is the thing about social media platforms like Twitter or Facebook. They are privately owned. As privately owned businesses, they can make their own rules about what can and can’t be posted on their pages. They can also choose who can and who can’t use their pages as long as it’s not an illegal reason. Quick example: a private club can deny a membership to an overweight person but not a Jewish person. One is morally wrong but the other is illegal. The courts have routinely dismissed cases that claim First Amendment rights have been violated on social media, even though there are currently cases in the 5th and 11th districts that will probably be sent to the Supreme Court to be determined once and for all, but for now people do not have the right to free speech on social media platforms. What does this have to do with trains? Well, by 1871 there was a growing movement known as ...
