“The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic. […] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” ~ Justice Oliver Wendell Holmes, Jr.
While some efforts are underway to curb terrorists’ easy access to social media for recruitment purposes, heavier monitoring is needed.
If our government does it, that’s a real slippery slope – though for national security matters, I think it would survive First Amendment challenges. I would rather see social media companies do it on their own.
“It was the second time in two weeks that Mrs. Clinton, the front-runner for the Democratic presidential nomination, had thrown herself into the brewing battle between Silicon Valley and the government over what steps should be taken to block the use of Facebook, YouTube, Snapchat and a range of encrypted apps that are adopted by terrorist groups.”
Hillary Clinton Urges Silicon Valley to ‘Disrupt’ ISIS – The New York Times
“Google’s YouTube has expanded a little-known “Trusted Flagger” program, allowing groups ranging from a British anti-terror police unit to the Simon Wiesenthal Center, a human rights organization, to flag large numbers of videos as problematic and get immediate action.”
Social media companies step up battle against militant propaganda – Reuters
Schenck v. United States
“As the precedents stand at present, therefore, it appears that Schenck is still good law. Criminal attempts may be prosecuted even if carried out solely through expressive behavior, and a majority of the justices continue to view such prosecutions in the light of the majority opinion in Abrams: the Court will defer to legislative judgments, at least in national security matters, that some forms of political advocacy may be prosecuted.”
Alliance for a Progressive Virginia 