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Constitutional Law

Aug. 31, 2021

California law protects speech on Facebook and other platforms

Facebook and other tech giants believe they can choose which speech to allow and which to ban because they are private companies. However, they cannot legally ban speech they dislike, at least not in California. The reason lies buried in court cases on the taking of private property.

Richard A. Schulman

Email: rschulman@hechtsolberg.com

Richard is an attorney in San Diego specializing in land use and municipal law.

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Facebook and other tech giants believe they can choose which speech to allow and which to ban because they are private companies. However, they cannot legally ban speech they dislike, at least not in California. The reason lies buried in court cases on the taking of private property.

Back in 1979, the California Supreme Court ordered the owner of a private shopping center to allow non-customers into the shopping center to gather signatures...

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