The First Amendment of the U.S. Constitution applies only to the government.
Posted by Behind the Bastards, Checked
- Sources
- 6 support1 context
- Said
- 1 time·
- Confidence
- 85%
Behind the BastardsOct 3, 2026
Multiple primary and tier1 sources state that the First Amendment restricts government action and generally does not bind private parties, though it reaches all levels and branches of government and can apply to private actors in limited state-action circumstances. The extracted claim matches the passage's own statement, and the 'only' is a reasonable simplification of the sources' position.
A guest makes this claim. Listeners heard it, so it counts against the post, and on the guest's own record.
What was said
… I think what's important to recognize before we really get too deep into this is, when we're talking about free speech principles, we can talk about free speech as, or free expression as, a shared cultural value, but the First Amendment only applies to the government, right? So when we're talking about censorship, we need to be clear about whether we're talking about a private individual or company refusing to platform particular speech, which is certainly censorship, but it isn't government censorship of the kind that the First …
Behind the Bastards · · from the transcriptPost →What we found
Supports. The Congressional Research Service states that the First Amendment limits the government's ability to restrict protected speech and generally does not limit the actions of private parties.[2]
Supports. The Congress.gov constitutional essay says the First Amendment by its terms applies only to laws enacted by Congress and not to the actions of private persons, with extension to states via the Fourteenth Amendment.[3]
Supports. Cornell LII and the ACLU both state the First Amendment protects against government interference and does not apply to private employers or social media companies.[4][5]
Supports. Reuters states that legally the First Amendment framework does not apply to private companies, and the ABA cites a court holding that it prohibits government, not private parties, from abridging speech.[1][6]
Context. Britannica and Congress.gov note the First Amendment now covers federal, state, and local governments across all branches, and that private entities can be state actors in limited circumstances, which is a nuance to the word 'only' rather than a contradiction.[2][3][7]
Sources
7 sources: 1 fact-checker, 3 primary, 3 not rated
- 1A call for US companies to follow the First Amendmentreuters.com · fact-checker · cited for: supports
- 2First Amendment - Congress.govcongress.gov · primary source · cited for: supports, context
- 3Amdt1.7.2.4 State Action Doctrine and Free Speechconstitution.congress.gov · primary source · cited for: supports, context
- 4First Amendmentlaw.cornell.edu · primary source · cited for: supports
- 5What the First Amendment Really Protectsaclu.org · not rated · cited for: supports
- 6The Everyday First Amendment - American Bar Associationamericanbar.org · not rated · cited for: supports
- 7First Amendment | Contents, Freedoms, Rights, & Facts ...britannica.com · not rated · cited for: context
Where this claim was made
Said in 1 published post
Related claims
- Publicly owned stadiums are leasing decisional authority to private third-party companies that are not subject to First Amendment constraints.Mixed
- The government is permitted to impose constraints on the time, place, and manner of expression if they are reasonable, content-neutral, and narrowly tailored to serve a significant government interest.True
- The Bill of Rights is a document of negative liberties that restricts the government from violating specific rights.True
- Privately owned stadiums are at liberty to decide whether or not to host specific events or speakers.True