Henry Olsen Commits A Fundamental Legal Error, When Looking At Trump's Facebook "De-Platforming"...

I will note this -- just briefly -- so not too many people begin to think this conservative view is a good idea.

Mr. Olsen argues that Zuck ought to adopt Brandeburg v. Ohio, as his litmus test, as to people like Trump.

Here is his, in full, and the clearly erroneous heart of it:

. . .Zuckerberg should take this opportunity to expressly adopt the U.S. Supreme Court’s decisions regarding when speech loses its First Amendment protections. The court held in Brandenburg v. Ohio that speech loses its constitutional protection only when “such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action. . . .”

Facebook is not a government actor. Full stop. Brandenburg concerned actions taken by the government, to suppress or censor "speech" -- by a private actor. It was correctly decided, as against a government actor. The First Amendment starts with "shall make no law" for a reason. It applies to law-making bodies, not private clubs.

Mr. Olsen would not, I suppose, be in favor of a large throng of people -- splashed with pigs' blood, with inverted crosses on their chests -- entering his (a private club, called a) church, for this purpose, on a Sunday morning during quiet reflective worship -- and loudly and profanely chanting demon-worshiping hoots and hollers, while banging gongs and insulting the deity supposedly being worshiped there, by his "faithful".

But in essence, he argues that his private club/church cannot stop that from happening, if his church must follow Bandenburg. His church is Facebook, here. He ought to just sit down -- his makes no sense.

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