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Re:Twitter says it will restrict retweeting world leaders wh... by tannhauser23 on Tuesday October 15, 2019 @06:30PM (#21264688)
Pretty sure if Twitter decided to allow one candidate to post on its platform but denied another one access, there would be a strong case that Twitter is making an in-kind campaign contribution to the first candidate.
Re:Twitter says it will restrict retweeting world leaders wh... by thelittleone on Tuesday October 15, 2019 @07:08PM (#21265025)
Does the differ from for example a news network that are staunchly aligned with one political party over another and thus painting a very one sided view?
Re:Twitter says it will restrict retweeting world leaders wh... by neighbour on Tuesday October 15, 2019 @08:18PM (#21265640)
Yes because news networks are publishers. Twitter, Facebook and the rest of the silicon valley social media gang are quick to remind you that they are platforms and not publishers [0].

[0] https://www.city-journal.org/html/platform-or-publisher-1588...

Re:Twitter says it will restrict retweeting world leaders wh... by root_axis on Tuesday October 15, 2019 @11:23PM (#21266773)
The platform/publisher paradigm is a false dichotomy because of section 230, as your article points out. The idea that section 230 hinges on some notion of political neutrality is an editorialized opinion by the author, not a statement based on the law. In reality, efforts to legislate political neutrality are not only impossible to enforce, but they would likely be challenged on a 1st amendment basis (i.e. forcing a private entity to broadcast political messages they disagree with on their own dime).
Re:Twitter says it will restrict retweeting world leaders wh... by GoblinSlayer on Wednesday October 16, 2019 @07:51AM (#21269364)
There's an established way to deal with monopolies: https://www.thenation.com/article/elizabeth-warrens-big-figh...
Re:Twitter says it will restrict retweeting world leaders wh... by root_axis on Tuesday October 15, 2019 @08:18PM (#21265641)
It would not be a strong case. An in-kind contribution is when a party provides a political campaign with a product or service for a reduced cost compared to what it normally charges. Since twitter offers its service for free to everyone, removing access does not constitute an in-kind contribution.
Re:Twitter says it will restrict retweeting world leaders wh... by foxtr0t on Tuesday October 15, 2019 @07:59PM (#21265496)
By that logic wouldn't Fox News be the subject of a campaign finance investigation?
Re:Twitter says it will restrict retweeting world leaders wh... by vxNsr on Tuesday October 15, 2019 @08:28PM (#21265720)
Nope. Fox News, and all news orgs are publishers, Twitter, Facebook and co are platforms. Fox News and CNN are responsible for anything published on their website. Twitter, fb, etc are not.
Re:Twitter says it will restrict retweeting world leaders wh... by foxtr0t on Tuesday October 15, 2019 @09:30PM (#21266142)
Why does that distinction matter? Is there language in campaign finance law that says news orgs are exempt from certain restrictions?
Re:Twitter says it will restrict retweeting world leaders wh... by ScottFree on Wednesday October 16, 2019 @07:55AM (#21269393)
Thanks for asking this question. I hadn't actually looked into the legal precedents until now.

This is a decent article on the subject: https://www.lexology.com/library/detail.aspx?g=1804a02d-a015...

tl;dr: Section 230 of the Communications Decency Act of 1996 states, "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

The courts have upheld on multiple occasions (Pennie v. Twitter, Inc.; Fields v. Twitter, Inc.; Murphy v Twitter, Inc.) that Twitter is a provider of an interactive computer service.

Re:Twitter says it will restrict retweeting world leaders wh... by zucker42 on Tuesday October 15, 2019 @08:16PM (#21265626)
I think they're not because of free speech. The question is whether banning people from your platform counts as speech. Which it probably does.
Re:Twitter says it will restrict retweeting world leaders wh... by theseatoms on Tuesday October 15, 2019 @08:20PM (#21265654)
Pretty sure cable news is legally designated as "entertainment".
Re:Twitter says it will restrict retweeting world leaders wh... by jacquesm on Tuesday October 15, 2019 @08:22PM (#21265669)
The damage is real.
Re:Twitter says it will restrict retweeting world leaders wh... by nkingsy on Tuesday October 15, 2019 @08:12PM (#21265591)
The benefits to Twitter from showing bias in this way would be more than offset by the risk of backlash.
Re:Twitter says it will restrict retweeting world leaders wh... by mehrdadn on Tuesday October 15, 2019 @07:02PM (#21264964)
The service is provided to every candidate at the same price as is it to the rest of the planet... how is that a campaign contribution?
Re:Twitter says it will restrict retweeting world leaders wh... by pdonis on Tuesday October 15, 2019 @07:26PM (#21265217)
> The service is provided to every candidate

No, it isn't; that's the point of the hypothetical. We're talking about Twitter banning certain candidates. If they're not banning any candidates, then there's no issue and nothing to discuss here.

Re:Twitter says it will restrict retweeting world leaders wh... by mehrdadn on Tuesday October 15, 2019 @07:36PM (#21265308)
You misread the sentence. The meaning of "every" in that sentence was the same was the meaning of "every" in the sentence, "My barber cuts every CEO's hair the same way he cuts my hair." The point of the statement is not to imply every CEO necessarily gets their haircut or is even welcome to do so in that barbershop.
Re:Twitter says it will restrict retweeting world leaders wh... by pdonis on Tuesday October 15, 2019 @11:18PM (#21266744)
> The meaning of "every" in that sentence was the same was the meaning of "every" in the sentence, "My barber cuts every CEO's hair the same way he cuts my hair." The point of the statement is not to imply every CEO necessarily gets their haircut or is even welcome to do so in that barbershop.

Sorry, not buying your use of the Humpty Dumpty principle here. Providing the service to some candidates at the same price as the rest of the planet, but not providing it to other candidates at all, does equate to a campaign contribution. Twisting the meaning of "every" doesn't change that.

Re:Twitter says it will restrict retweeting world leaders wh... by root_axis on Wednesday October 16, 2019 @01:04AM (#21267214)
You are wrong.

https://www.fec.gov/help-candidates-and-committees/filing-re...

> An in-kind contribution is a non-monetary contribution. Goods or services offered free or at less than the usual charge result in an in-kind contribution.

Re:Twitter says it will restrict retweeting world leaders wh... by kevin_thibedeau on Tuesday October 15, 2019 @07:43PM (#21265381)
They're banning violations of their ToS. As long as that is performed equitably, Twitter is in the right to police their private platform using pre-disclosed rules.
Re:Twitter says it will restrict retweeting world leaders wh... by CapricornNoble on Tuesday October 15, 2019 @08:24PM (#21265687)
>>>They're banning violations of their ToS. As long as that is performed equitably

Except it isn't, as Tim Pool demonstrated on the Joe Rogan Podcast when he ripped Jack Dorsey and Vijaya Gadde a new one, with examples.

https://www.youtube.com/watch?v=DZCBRHOg3PQ

Re:Twitter says it will restrict retweeting world leaders wh... by chrsstrm on Tuesday October 15, 2019 @08:10PM (#21265581)
The assumption that all users are treated equally is debatable for reasons others have discussed, but what is missing here is the consideration for Twitter's algorithm sort and their continual efforts to force this on users. Even if we assert that all politicians have equal access to the platform and exist under the same ruleset, Twitter modifying the tweet sort order using their own custom brand of black magic and routinely resetting user's feeds to this default sort is very problematic. In this case Twitter is very blatantly modifying what users see and we can't know how this sort is determined. Wouldn't this qualify as meddling with political messages?
Re:Twitter says it will restrict retweeting world leaders wh... by PeterisP on Tuesday October 15, 2019 @07:10PM (#21265042)
If a free platform of mass media is not provided to every candidate but is provided to some candidates while others are banned, then that's effectively advertising for some candidates.
Re:Twitter says it will restrict retweeting world leaders wh... by mehrdadn on Tuesday October 15, 2019 @07:13PM (#21265083)
If it wasn't free (say $0.01 per tweet or whatever) would that be different?
Re:Twitter says it will restrict retweeting world leaders wh... by PeterisP on Tuesday October 15, 2019 @07:27PM (#21265219)
No, they'd still have to offer it at that price (the same price) to all candidates equally - that's basically a way to avoid having to decide whether the offered price is fair or artificial; you can assert that an hour of ads for your cable network costs $0.01, but that's the amount you'll get not only for your favored candidate but also for the same ads for his opponent.
Re:Twitter says it will restrict retweeting world leaders wh... by mehrdadn on Tuesday October 15, 2019 @07:40PM (#21265352)
Are you saying political candidacy is now a (potentially even stricter) version of a protected class? It seems very tough-to-swallow to me that someone can make themselves be entitled to the services of any vendor in the nation by mere virtue of running for office. Wouldn't that make it a get-out-of-jail-free card for being a complete jerk to people? Usually, if you do that, people can refuse to associate or do business with you personally, whereas here it seems you're saying they can't, even if the reason is entirely unrelated to their candidacy.
Re:Twitter says it will restrict retweeting world leaders wh... by PeterisP on Tuesday October 15, 2019 @07:57PM (#21265478)
I'm saying that political advertising is highly regulated in many countries.

You're not entitled to the services of any vendor, however, in pre-election period media outlets are (in some countries) prohibited to have any political ads (including pseudo-ads like "accidental talk show interviews with the candidate we like") unless multiple specific conditions are met, one of which is equal access to all parties/candidates. Even if you hate them. If you don't like these conditions, you can refuse to participate in political ads at all, which most media companies won't do because it's a decent source of revenue.

One way how this is soemtimes implemented is that before the pre-election period, you have to submit a public offer for what conditions and prices political adds will be available to any and all candidates; you can refuse to make such a public offer because you hate some of these candidates, but then you're not allowed to place advertisements from the candidates you like as well. Or if you're a foreign company (like Facebook) that doesn't care about some elections at all and does not submit such an offer, then all candidates are prohibited to buy political ads from you.

If your media company wants to support a particular candidate, then the only legal way is to donate money (which gets appropriately reported) and the candidates can (within specific campaign funding limits!) buy ads on equal conditions at equal prices. There's no "corporate money is free speech" assumption like it seems to be in USA, doing "free ad publicity" for candidates is a violation of campaign finance laws and would incur significant fines (IIRC double or triple the market value of that publicity).

Re:Twitter says it will restrict retweeting world leaders wh... by djsumdog on Tuesday October 15, 2019 @07:13PM (#21265078)
But the big media giants squish out third parties all the time. When was the last time we saw three candidates in an American presidential debate? Ross Perot?