HACKER Q&A
📣 Jimmc414

Should US firms acting on behalf of state be bound by First Amendment?


Should US firms acting on behalf of state be bound by First Amendment?


  👤 salawat Accepted Answer ✓
Unequivocally yes. The transitive property of logic is closed over the space of originating accountability for organizational behavior.

(Math speak for given )

A the government B a firm C somebody else

If A tells B to do something to C, it is the same as A trying to do the thing to C.

If A can't do something to C already, applying pressure to B in return for anything; even a momentary dopamine hit for making someone else's life easier; then that becomes a quid pro quo.

Which is also forbidden.

The problem and gray area is around indirect coercion of action.

A to B: You know, there's regulatory stuff on the Legislative schedule. If C just happened to have X happen, it's possible that could get shelved/go more favorably than if it didn't.

In reality though, humans are emotional creatures, so it is really easy to fall into doing that quid pro quo without realizing it. People generally want to help. Sometimes both sides realize that the appearance of QPQ will be there regardless, so screw it, just do what let's you sleep at night.

Formally though, official procedure should be interpreted with the transitive property in mind. Failure to do so merely delegates working the mechanisms of tyranny to private Enterprise.

No Citizen in a polis governed of, by, and for the People has any right to infringe on anything they justifiably could not in an official capacity.

It's all theater otherwise.


👤 giantg2
Bound in what way? Which part(s) of the First Ammendment (there are a lot defined in case law that aren't apparent in the text)?

👤 coldacid
Yes. Absolutely.