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Mhmm, so would it be fine for a private platform not allowing say, Muslims on their website? Especially a platform as big as YouTube? I mean, it's essential to their rights to be able to do that, I guess?

Like I understand your point, but this argument is usually not actually useful. Especially since it's usually not coming from "free speech absolutist" types, so it always comes off as a bit disingenuous. Unless you are arguing for big corporations having an absolute right to free speech, which I would disagree with but would at least make the argument consistent.




> Mhmm, so would it be fine for a private platform not allowing say, Muslims on their website?

Depends on the sense of “private”.

If it is, private in the sense that it is a platform run by a Christian Church for the use of organizations affiliated with that Church, and not offering information dissemination to the general public, sure.

If its a private business offering platform services to the public at large but specifically excluding Muslims, then it is potentially engaging in prohibited religious discrimination in a public accommodation. Unlike religion, political viewpoint is not, federally, a protected class in public accommodations, though state law may vary.

(OTOH, under the federal Religious Freedom Restoration Act and similar laws in many states, and case law based on and in line with the general motivation of such laws, laws including state public accommodation laws, are being looked at more skeptically when they prohibit religious and religiously-motivated discrimination, as an impairment of the religious freedom of the discriminating party, in theory irrespective of the religions on each side, but in practice favoring discrimination by Christians and against non-Christians, so possibly the Muslim exclusion would succeed even in a public accommodation.)


I don't think anyone would argue that would violate freedom of speech, however it would still be illegal as it would violate the civil rights act by discriminating based on religion. Theres more than one right involved in your hypothetical basically.




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