• @CosmoNova
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    22 hours ago

    Alright that’s still a weird ruling to someone outside America though because something like a shopping mall or a parking lot are public spaces here too as well as anything that is openly visible on the internet. Which makes a lot of sense.

    • @[email protected]
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      42 hours ago

      @[email protected] misspeaks when saying “public space”—the term they are thinking of is “public forum.” source

      The rules around what constitutes a true public forum and what the public forum doctrine even means are fuzzy, but in all cases the term refers to a space owned or created by the government.

      Thus, a shopping mall, parking lot, or internet forum, being owned by a private company, is not a public forum and can’t really be defended on the basis of the public forum doctrine.

      Finally, as @[email protected] points out, none of this matters anyway in cases of incitement to imminent lawless action like threats or terrorist speech, which the First Amendment does not protect.