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Our digital shadows work for and against us. When it comes to matters of education and employment, perhaps it is not wise to test our Freedom of Tweet unless it is advantageous to do so. In a groundbreaking case however, we see that the First Amendment of Social Media may in fact, officially take shape.
The First Amendment protects a wide swath of expression that many of us may find offensive, distasteful or even repugnant. The government cannot silence and punish speakers just because it dislikes their expression. Oftentimes, the First Amendment protects the flag-burner, the tobacco advertiser, the pornographer and the hateful speaker. However, First Amendment jurisprudence has never provided absolute protection to all forms of speech. There are several unprotected categories of expression, including but not limited to fighting words, obscenity, extortion, perjury and false advertising.