SlinkyMike
Executive Member
- Joined
- Jan 23, 2006
- Messages
- 9,597
The Left having a meltdown in 3....2...1....
But this is literally the right melting down over Trump being called out for fake news. So what's your actual point?
The Left having a meltdown in 3....2...1....
Nope, not just government, in fact this applies especially to individuals.
The First Amendment, however, applies only to restrictions imposed by the government, since the First and Fourteenth amendments refer only to government action. As a result, if a private employer fires an employee because of the employee’s speech, there is no First Amendment violation. There is likewise no violation if a private university expels a student for what the student said, if a commercial landlord restricts what bumper stickers are sold on the property it owns, or if an Internet service provider refuses to host certain Web sites.
Sl8er said:Not at all.
If Ben Shapiro's website claimed to be a platform, then Ben Shapiro couldn't censor what other people posted onto his platform --this allows him section 230 protection.
If Ben Shapiro's website claimed to be a private website, (Ie. he's a / the publisher), Ben Shapiro can censor whatever anyone posts on his site --this does not allow section 230 protection.
Either way, the government still couldn't force Ben Shapiro to put out an article he disagrees with -I'm not sure where you're getting that from.
Sl8er said:I've asked this question before, but no one answered, so I'll ask again (maybe you can tell me):
Are social media companies "platforms" or "publishers"?
(What's the fancy version of "publisher" again? .... Oh yeah, "content provider" or something like that.)
(It's the same thing, so let's call it what it is, to avoid any confusion: "publisher")
Anyone who reads Section 230 will see that Section 230 does not state that the act of moderating content makes an interactive computer service a publisher. Section 230 merely states that an interactive computer service is not the publisher of most third party content and is free to moderate content.
Sl8er said:That's exactly the problem. They claim protection under the "platform" label, while acting like a "publisher" -which would not afford them the same protection.
That's what this whole spiel is about.
If they claim to be a publisher -again, which they are right now- they need to be treated as such.
So, if these companies go, "Look guys, we're publishers," the government can't do anything...but on the flip-side they (the companies) are then open to being sued.
If the companies go, "We're a platform," the government can tell them that they can't censor or edit what people say or type.
Under current law, Twitter, Facebook, and the like are immune as platforms, regardless of whether they edit (including in a politicized way). Like it or not, but this was a deliberate decision by Congress. You might prefer an "if you restrict your users' speech, you become liable for the speech you allow" model. But Congress rejected this model, and that rejection stands so long as § 230 remains in its current form.
A three-judge panel held in a decision only four pages long that the organization didn’t provide enough evidence of an antitrust violation and that the companies aren’t state entities that can violate free speech rights.
“In general, the First Amendment ‘prohibits only governmental abridgment of speech,’” the judges wrote, quoting a previous decision.
Sl8er said:See above, "publisher" vs "platform" (I might be repeating this a couple more times, because that's essentially the crux of the matter.
Forcing these companies to publicly state what they are. They can't be both.
Sl8er said:Ah yes, the "but look, nothing's happened to Ben Shapiro" defense.
(I really hate the fact that you're making me defend these people, because I generally don't agree with most of their stuff, but I'm in the
"I disapprove of what you say, but I will defend to the death your right to say it." camp.)
The "big guys" are not the "target" audience. The social media companies don't go after the "big boys" -that would be too blatantly obvious.
They go after the "little guys". The guy that posts a MAGA hat wearing pic. The woman who posts about the trump rally. The people talking about
how great The Orange Don is or who post positive articles about him. Your normal everyday people. (Despite of what you may think or believe of them, 90% are
just normal people.)
Sl8er said:That's not even remotely the same thing.