The Sixth Clauses of the First Amendment and Today

So, you've probably seen people removed from YouTube for "hate speech" or "violating YouTube terms of services" and may be thinking "how is that allowed, doesn't that violate the First Amendment?" We'll, you would technically be wrong, how though? I'll explain. First, what is the actual text of the First Amendment?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
-Amendment I of the US Constitution


The main issue I would like to point out are the first five words "Congress shall make no law," as you can see, the First Amendment does not mention anything about private corporations, it simply states that congress can not make a law that prohibits free speech. That means that YouTube is allowed to remove users or videos that they feel violates their guidelines. Where the First Amendment really comes in to play is if congress tried to create a law restricting free speech. If congress tried to pass a law stating that "All forms of speech criticizing any member of congress are now illegal," that is unconstitutional, as the government is passing it, and not a private company issuing an edict against it.

However, there have been some arguments that certain websites (specifically the private actors that own them) are so common and widely use that they are analogous to the government, and as such 1st Amendment Rights should apply to them, this article from the American Bar Association discusses that. I personally believe that the while websites are privately owned, that if they are going to act as a public forum, there needs to be protections in place, however I know that is not so simple.

In conclusion, YouTube is a private platform and not bound by the First Amendment, and as such reserves the right to remove content and users as it sees fit.

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