It is a foundational right, protected by the First Amendment, that citizens of the United States have freedom of speech and expression in public fora. However, traditional public fora have become obsolete and archaic in the digital age. Social media platforms are the modern-day equivalent of the public town square where anyone with an internet connection may exchange their ideas publicly and freely. Individuals have the ability to connect with a multitude of people across the globe like never before. Because social media is the primary space in which people engage in discourse, consume news, and take in other information, it has become increasingly essential to protect First Amendment rights in this modern-day public forum.
As private entities, social media companies have unlimited censorship control over platform users’ speech. A private entity is traditionally not required to abide by constitutional requirements unless they qualify as a state actor, like a company town. Although no longer as prevalent as they once were, company towns are more closely related to social media platforms than they may seem. Just as company towns are required to follow constitutional restrictions to allow individuals their fundamental liberties, so too should social media platforms be subject to First Amendment requirements as they act as the modern-day public forum.
Divided into four main parts, this Note will discuss the scope of the First Amendment, the state action doctrine, landmark free speech cases, and how social media became the modern public forum. Part II of this paper discusses what foundational rights the First Amendment protects, as well as the public forum doctrine. Part III discusses the origin and evolution of the state action doctrine, focusing on cases such as Marsh v. Alabama and Manhattan Community Access Corp. v. Halleck. Part IV addresses the rise of social media, how it became the modern public forum, significant cases pertinent to social media as a public forum, and the intentions behind social media policies and mission statements. Finally, Part V discusses the significance of Marsh in relation to social media platforms, the protection of free speech, and the marketplace of ideas.