Twitter’s action against Trump opens a can of First Amendment worms

Clarence Page, Tribune Content Agency on Jan 14, 2021

Trump, among others from both parties, began preaching opposition to Section 230 after deciding the tech companies were getting too big and, in Trump’s view, too liberal, for their breeches.

As the law has helped internet companies flourish, Section 230 also has protected fringe sites known for hosting hate speech and other objectionable content.

Trump and many others on the political right also see reining in Section 230 as a way to stop what they see as Big Tech discrimination against the right. One of them is Sen. Josh Hawley, R-Mo., who was infuriated last week over a slightly different situation: Simon & Schuster’s cancellation of its plans to publish his new book, coincidentally titled “The Tyranny of Big Tech.”

“A direct assault on the First Amendment,” Hawley said in a tweet to “the woke mob” at Simon & Schuster.

“This could not be more Orwellian,” Hawley said, giving another boost, like Don Jr. did, to the late George Orwell’s book sales. “Let me be clear, this is not just a contract dispute. It’s a direct assault on the First Amendment. ... I will fight this cancel culture with everything I have. We’ll see you in court.”

Fine. That would be his right. But his book deal does not sound like a First Amendment issue. Simon & Schuster said they had canceled the book contract in light of Hawley’s effort to challenge states’ electors during the joint session of Congress that was interrupted by deadly violence.

I understand his disappointment, but as Twitter’s Trump ban shows, the First Amendment is limited to government action, not publishers and website owners.

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(E-mail Clarence Page at cpage@chicagotribune.com.)