In 1791, when our forefathers were laying out the Bill of
Rights they couldn't begin to imagine the United States that exists today. They
couldn't provide instructions for the multitude of inventions that have graced
our lives. With each new invention, therefore, we have had to do our best to
adapt these rights and regulations to the changing times. It’s a process that
takes time and is constantly evolving so, though it may not seem new anymore,
social media is one of those inventions still up for debate.
Exactly what our rights are when utilizing the various
social media platforms we have access to is an evolving process. The
resignation of Twitter’s best-known free speech advocate alongside its IPO has raised
some questions about the platform’s future. Will the platform heralded for its
free speech potential and role in the Arab Spring start bending to business concerns
and become more regulated? (Twitter has already acknowledged protocol for withholding
some tweets in some countries.) Or will it continue to be the platform of
anything goes that we see today?
Meanwhile the relationship between Facebook and free speech
is still being decided in court. Just Wednesday, a federal appellate court
ruled that liking a political candidate’s Facebook page is equivalent to a “digital
yard sign” and should be protected as free speech. The case, Bland v. Roberts,
was decided in favor of the plaintiffs who argued that they were not
reappointed to their jobs simply because they had supported the losing candidate
on Facebook.
So what is the role of free speech in social media? We live
in a world where it isn’t uncommon to be fired for Facebook activity deemed inappropriate
by your employer (such as the teacher who was fired after a picture of her with
alcohol on a summer trip to Europe was spotted by a parent). If a Facebook “like”
is protected, why isn’t a Facebook photo? Can we expect to twitter to
continue to protect controversial tweets of citizens when they have powerful governments
and businesses pressuring for removal? The protection of free speech on social
media isn’t truly a protected right and it will be a long time, I imagine, before
what social media content is protected free speech and what is not is set.
I agree that the forefathers that formed this country over 200 years ago would have any idea or inclination of what our country would be like in 2013. I don’t think that we have any idea what it will be like in 2213. The time that it took to get where we are technologically is expansive and, in the past few decades, has exploded especially with computers, the internet and social media.
ReplyDeleteWebsites come and go in popularity so quickly that even in five years, Facebook and Twitter might not even be relevant any more. For now though, these sites control our daily live and the press coverage of something as miniscule as an opinion on one issue. The relevance of Twitter actually draws so much attention to events (such as the Arab Spring or the VMAs) that even people that aren’t interested in these things become involved in them.
I have accounts with both Twitter and Facebook. I utilize these sites for promotional reasons and to keep in contact with others. I admit that I try to say something humorous on these sites when I post something, but if someone that doesn’t know me or my sense of humor reads my statements, they might be offended. Even though something I say may be considered offensive, I do not believe that I should be arrested or fired for the comment. I try to keep them relatively appropriate. I censor myself on Facebook more than Twitter because I am “friends” with family members, younger cousins and some co-workers. Twitter, I feel, is more of a place to vent or say something stupid.
I don’t think anyone should be fired over their own opinions for candidates, their music taste, recipes they want to make or even a company they prefer over a competitor. You mentioned that a teacher was fired after a photo of her drinking was published on Facebook, and I strongly disagree with that. If someone is over 21, then there should be no repercussions on them enjoying a nice beverage. If said teacher was giving alcohol to minors it would be a different story. If I was fired over having a beer at a right now, I would fight it to the full extent. I’m of age, and my employers would for sure know that. Social media is a complicated issue for sure, but it should be protected by the First Amendment. If someone has a controversial opinion on the street, they wouldn’t be fired for it. But, if it becomes published for only those that “follow” you or that you’re “friends” with it should be protected, too.