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Management Information Systems ITC 5301 Unit II Discussion Board Reply 1
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Reply to Brady
This is a very interesting topic for me, and I have split feelings regarding the issue of lawsuits surrounding social media posts. My first reaction is that in America, we have freedom of speech protected by the first amendment. This does not mean that we can say whatever we want, about whomever we want. Freedom of speech does not protect speech that is threatening, fighting words, or in this case- defamation which includes libel and slander (
Unprotected Speech – Freedom of Expression, 2025).
The issue of whether speech is protected is where the lawsuit topic becomes interesting. There is a fine line between a person slandering another person and a person having an unpopular or even hateful statement about that person. Defamation is not protected speech, but personal opinions, even when considered “hateful” are protected under our rights. The Supreme Court of the United States upheld protections of hate speech in various cases including Brandenburg v. Ohio (Kumari, 2025).
The topic of this discussion board is asking is lawsuits brought forth by individuals over comments on social media have merit. With social media being a relatively new media source in America, there is a lot of work to be done on defining the laws of what is considered free speech versus what is not allowed. In my opinion outright defamation of character should be outlawed and regulated on social media just like it would be in printed press or the news. On the other hand, I feel that Americans have to inalienable right to criticize the government when we see fit, which include inflammatory speech that may offend people with opposing views or political stances. I feel that insulting someone that is not necessarily a nice thing to do, but should be protected, especially when that person is in a position to enact laws or influence politicians or the general public. If a celebrity makes a political statement that I disagree with, the law (both criminal and civil law) should protect my speech to speak out against them and voice my opinion.
While a number of lawsuits over this topic are fair when regarding defamation, I feel that a majority of the lawsuits brought forth lack merit and are simply used as a scare tactic to silence opponents. Powerful political figures don’t like opposition and use the lawsuits as a way to try to suppress the view of the opposition. Powerful people have the resources to file frivolous lawsuits against “the little man” which will cost a potentially significant amount of money to defend against and will hurt the opposition in that way. I feel that there should be protection for individuals against frivolous lawsuits that are aimed at silencing free speech.
References:
Kumari, P. (2025). Critical Analysis of Free Speech and Hate Speech on Digital Platforms. Advances in Consumer Research, 2(3), 912–922.
Unprotected speech – freedom of expression. (2025, May 14). Freedom of Expression.
