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Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @08:24AM (#24341017)
I think that free world should ban every company that comply with china censorship, here we are not talking about something like explicit content, or violence censorship which belong to cultural differences, here we are talking about not being put in jail because you say publicly that tibet should be free. or because you try to report abuse and suppression of the ruling class

this type of free speech should be guaranteed to anyone and reinforced with the non-violent marginalization of those who struggle to take away fundamental human rights, the ban of a society under the control of this regime is the least I expect from a state that wants to enact these rights. talk about what you want (here you can do it) talk about rights in the west etc ... (here you can do it) there (in china) you are just on another level, compare them if you want .. here you can do it .. but try to go there ..

Re:Why we are suing the Administration by phkahler on Tuesday September 01, 2020 @09:16AM (#24341410)
Hate to say it, but the terrific first amendment in the US only applies to the government. Companies and individuals can kick you out for saying things they dont like.

There are laws against certain kinds of discrimination by companies, but those are not the first amendment.

Just wanted to clarify that so we dont pretend companies are upholding constitutional rights on a regional basis. They are not accountable to it anywhere.

Re:Why we are suing the Administration by hatchnyc on Tuesday September 01, 2020 @10:15AM (#24341914)
I have come to disagree with the sentiment. The constitution prevents congress from restricting free speech because it is a document written about what congress can and cannot do, not because the authors wanted to argue that restricting freedom of speech was a job that should be left to individuals and businesses.

It is only in response to someone mistakenly arguing to assert their 1st amendment rights in a context where it isn't applicable that this rebuttal even makes any sort of sense--which is not the case for the OP, who didn't mention the 1st amendment or even the US at all. Even here, it is a pedantic argument, such a declaration is a mere technical mistake. In liberal democracies we value freedom of expression.

Re:Why we are suing the Administration by lmkg on Tuesday September 01, 2020 @10:30AM (#24342125)
There's a paradox, though. If we say e.g. YouTube is not allowed to remove content, that's actually a restriction of freedom of speech. In particular, YouTube's freedom of speech.

I'm not generally in favor of taking corporate personhood to logical extremes, but I'm kind of OK with companies having values and being able promote those values. Being able to promote some speech over others is part of that.

The First Amendment applies to the government because the government is a privileged party. Its role in society is dislike that of any private citizen or enterprise, and the restrictions we place on it reflect that uniqueness. It only makes sense to extend the First Amendment to other parties that have a unique role.

Which we do, e.g. Common Carrier restrictions on the movement of goods, and a variety of special requirements on telecommunications companies. If we want to say that social media platforms have become a core aspect of modern democracy and need to be regulated as such, there's an argument to be made. But applying it to private businesses in general is overreach in my opinion.

There's another line of reasoning that "First Amendment" is a stand-in for the societal value of freedom of speech. While it doesn't legally apply, we invoke it to mean that freedom of speech is the first-est of amendments, i.e. is the freedom that we rank more highly than any others. This still gets into the same paradox though. A company shouldn't be forced to equally support all viewpoints because then it's not a freedom, but we can certainly express dissatisfaction that a private party is acting in a way counter to the values of our society.

Re:Why we are suing the Administration by dexen on Tuesday September 01, 2020 @11:07AM (#24342599)
>If we say e.g. YouTube is not allowed to remove content, that's actually a restriction of freedom of speech. In particular, YouTube's freedom of speech.

This is not quite right, legally speaking. Currently Youtube and other platforms enjoy the protection of Communication Decency Act Section 230 [1]. In particular, the passage "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".

This passage has two side effects. One is, those platforms enjoy a liability protection - they cannot be sued for the content published on them, as they are not 'speaker/publisher' of the content (the original poster is). The other is, those platforms should not enjoy the freedom of speech protection - as they are not, legally speaking, the 'speaker/publisher' of the content.

The 'freedom of speech of Youtube' argument runs counter to Youtube's best interest - immunity from civil liability, as granted through the Section 230.

--

[1] https://www.law.cornell.edu/uscode/text/47/230

Re:Why we are suing the Administration by triceratops on Tuesday September 01, 2020 @03:25PM (#24345888)
I think you need to re-read that law yourself. Section 230 holds Internet platforms not liable for illegal or libelous speech because they aren't the publisher of that speech. If you read on it also says explicitly they can't be held accountable for:

"any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected"

Any Internet platform can moderate to their heart's content, even if it goes beyond the extent demanded by the law. There are no constitutional free speech protections on the Internet. The "publisher/platform" thing is pure horseshit spread by people who cry about "online censorship". Unfortunately that tactic seems to be working.

Re:Why we are suing the Administration by joshuamorton on Tuesday September 01, 2020 @12:07PM (#24343311)
This is not correct. Section 230 does not restrict or amend a sites freedom of speech, nor does it make a distinction between a platform or publisher.

The effect of the law is that sites have less civil liability for user generated content, even if they make some decisions about what content is acceptable.

Those decisions can't get limited under the first amendment, and the content still has 3rd party speech protection.

So the government asking YouTube to remove a video would be a 1a violation, by controlling it's moderation decisions.

Re:Why we are suing the Administration by sdoering on Tuesday September 01, 2020 @11:53AM (#24343134)
I am not firm with US law, and there is something I just do not understand - but would like to.

If YT is just some form of medium, not the "speaker"/provider and by that not allowed to remove content under its own freedom of speech, why is it then allowed (even forced) to block my content under copyright laws if it infringes someone's copyright.

Why not just route the DMCA request to me and I would need to react. Isn't YT treated as provider/publisher, when forced to react to DMCA requests on my behalf, if I infringe on some copyright?

Re:Why we are suing the Administration by Ancapistani on Tuesday September 01, 2020 @02:33PM (#24345145)
My understanding is that the DMCA contains specific provisions requiring hosts to remove content upon request, and stripping them of their protections if they do not do so.
Re:Why we are suing the Administration by jamie_ca on Tuesday September 01, 2020 @12:13PM (#24343378)
Youtube already has guidelines on the content you're not allowed to post (spam, nudity, violence, harassment, hate speech...) and that hasn't impacted their CDA or copyright-safe-harbor exceptions.
Re:Why we are suing the Administration by AnthonyMouse on Tuesday September 01, 2020 @11:27AM (#24342831)
> There's a paradox, though. If we say e.g. YouTube is not allowed to remove content, that's actually a restriction of freedom of speech. In particular, YouTube's freedom of speech.

Putting aside whether or not this is nonsense to begin with, it certainly doesn't apply to China, which is a government. A law requiring companies serving the US market to not comply with censorship by China is restricting what China can do, not what those companies can do. The companies then have a problem if they exist in two jurisdictions which now have conflicting laws, but they can solve it by moving out of whichever jurisdiction they please.

Re:Why we are suing the Administration by Imnimo on Tuesday September 01, 2020 @11:33AM (#24342894)
What's to stop the companies from claiming they just happen to want to remove the speech of their own volition? If the CEO of TikTok says he doesn't want "free Tibet" on his platform because he wants to be on good terms with China, not because China specifically told him to censor it, is that his freedom?
Re:Why we are suing the Administration by AnthonyMouse on Tuesday September 01, 2020 @11:49AM (#24343072)
> What's to stop the companies from claiming they just happen to want to remove the speech of their own volition?

The fact that they would have no choice if they were subject to China's jurisdiction. You can't choose to do something you're being forced to do, therefore if you do it, it wasn't your choice.

Re:Why we are suing the Administration by jimothyhalpert7 on Tuesday September 01, 2020 @12:38PM (#24343630)
> The fact that they would have no choice if they were subject to China's jurisdiction.

Wouldn't the reverse be true in the US? Assume that actually supported China's radical opinions, while being subject to US jurisdiction - wouldn't they be forced out of business? Isn't that what's going on now?

> You can't choose to do something you're being forced to do, therefore if you do it, it wasn't your choice.

https://en.m.wikipedia.org/wiki/Frankfurt_cases

Re:Why we are suing the Administration by joshuamorton on Tuesday September 01, 2020 @12:17PM (#24343415)
I have at least two options: comply or exit the jurisdiction. It is my choice to do the former.
Re:Why we are suing the Administration by RandoHolmes on Tuesday September 01, 2020 @11:47AM (#24343047)
actions speak louder than words here.
Re:Why we are suing the Administration by joshuamorton on Tuesday September 01, 2020 @12:16PM (#24343407)
Would you say that an EU law restricting companies from complying with a US warrant is restricting the companies, or the US?

(In practice the way this is done is with data location rules, that EU data must be stored in the EU, which is clearly a restriction on the way the company operates)

Re:Why we are suing the Administration by RandoHolmes on Tuesday September 01, 2020 @11:45AM (#24343028)
> I'm kind of OK with companies having values and being able promote those values.

As long as those values don't conflict with things like freedom of speech, I agree. But the second they do, there needs to be repercussions.

For example.

I as a consumer want to use Amazon because I've never had a bad experience with them. But I really really really don't want to be complicit in forced child labor because somewhere in their supply line is a company using it.

Think of it like the Overton window. Everything inside the window is fair game, but the second you step outside of that window you pretty much get destroyed or very nearly. Basically put the fear of god in them the same way the IRS puts the fear of god in citizens for not paying taxes.

I'm ok with you valuing your religion or women's rights. I'm not ok with you banning accounts of activists who are critical of the chinese government (zoom).

Re:Why we are suing the Administration by pdonis on Tuesday September 01, 2020 @12:56PM (#24343860)
> The constitution prevents congress from restricting free speech because it is a document written about what congress can and cannot do

This is not correct as a blanket statement. The constitution defines the powers of all three branches of government, not just congress. It also puts some restrictions on states and has some general prohibitions that don't just apply to government (for example, it defines treason). No other amendment in the Bill of Rights has "congress shall make no law" in it; they all just say certain things are prohibited or required, period. And subsequent amendments, such as the Fourteenth, place restrictions on States. Parts of the constitution are specifications for congress specifically. But not all of it.

The reason individuals and businesses can refuse to allow speech they don't like in their homes or places of business, or on their websites, is that that is part of their right to free speech--the right to control speech on their own property.

Re:Why we are suing the Administration by Ericson2314 on Tuesday September 01, 2020 @11:11AM (#24342637)
It's not a "sentiment", but a description of legal reality. You want something different? Fine, but you need to get new laws passed first.
Re:Why we are suing the Administration by jariel on Tuesday September 01, 2020 @12:21PM (#24343451)
"In liberal democracies we value freedom of expression."

Try walking into a restaurant and wailing on about Trump.

In 'Western Democracies' we also value private spaces and the ability for private groups to make their own rules.

Freedom of expression does not apply to YouTube in the 'Liberal Democratic' sense.

1) Private businesses can make rules for the content they want to have up.

2) In public you can do mostly as you please. Nobody can take down your website unless you're doing something specifically illegal.

3) If we want to ban other countries stuff because they are totalitarians, we can do that.

Re:Why we are suing the Administration by dragonwriter on Tuesday September 01, 2020 @12:23PM (#24343470)
> Freedom of expression does not apply to YouTube in the 'Liberal Democratic' sense.

It does, just in that YouTube is the possessor of the right, not the restricted governing party.

Re:Why we are suing the Administration by jariel on Tuesday September 01, 2020 @05:31PM (#24347324)
So I see what you are saying, however, I don't think that's the case.

I don't think YouTube would, for example, cite 'their 1st Amendment Rights' as legitimacy for censoring content on their site.

Re:Why we are suing the Administration by dreamcompiler on Tuesday September 01, 2020 @09:39AM (#24341596)
This. The writers of the constitution understood that if you didn't like doing business with a company you could just take your business to their competitor. If you don't like your bridge club or church, pick a different one. But if your government is infringing your rights, it's very difficult for most people to pick a different government.
Re:Why we are suing the Administration by sandworm101 on Tuesday September 01, 2020 @10:06AM (#24341821)
This has been hashed out many times. Government cannot be allowed to use private companies as a shield. For instance (this has been tried in the US/canada/uk etc) can a city violate the rights of citizens if it hires a "private" company to conduct policing? Can a city ban certain people from walking the streets if it puts those streets in the hands of a "private" holding company?

So what if the government partners with all the large tech companies to have them voluntarily enforce restrictions on speech? Oh, you're free to say whatever you want, just not online. Or on the airwaves. Or in public parks, which were recently put in control of a private management company too. You are free to stand in your bedroom and talk to the wall. Just don't talk loud enough that your corporate landlord kicks you out for a noise violation.

Re:Why we are suing the Administration by gamblor956 on Tuesday September 01, 2020 @11:47AM (#24343058)
In such cases the private entities are acting as agents of the government and in that capacity constitutional restrictions would apply to them.

There is over 2 centuries of legal jurisprudence on that question. It's not a novel issue.

Re:Why we are suing the Administration by scarface74 on Tuesday September 01, 2020 @05:43PM (#24347467)
In fact, the Supreme Court just had two rulings.

1. Religious institutions should have the same rights to funds as any other school.

https://www.nytimes.com/2020/06/30/us/supreme-court-religiou...

2. Job Bias laws don’t protect teachers in religious schools.

https://www.nytimes.com/2020/07/08/us/job-bias-catholic-scho...

In affect, government funds are used to support schools that are allowed to discriminate.

It’s not just LGBTQ rights. Some religious schools think that interracial dating/marriage is a “sin”.

Re:Why we are suing the Administration by Moru on Tuesday September 01, 2020 @09:55AM (#24341719)
But when the private companies overshadow government, there is no competition to take your business to. If Facebook has all my friends, I have to choose my principles or my friends. So far principles won for me but not many can do that offering. And my friends are slowly coming around again :)
Re:Why we are suing the Administration by phatfish on Tuesday September 01, 2020 @10:16AM (#24341937)
Almost as if government regulation relating to monopolies and "too big to fail" corporations actually means something? Maybe a competent government would actually advocate and enforce laws to stop one company controlling your life.
Re:Why we are suing the Administration by Domenic_S on Tuesday September 01, 2020 @12:32PM (#24343560)
Lots of bad effects can happen. Imagine you live in a place with one internet provider (most of us) and no cell service. Then imagine that because of something you said, that internet provider cancels your account and doesn't want to work with you anymore. Especially in covid times, that's basically barring you from working.

Or say you live in a small town with one grocery store, and they don't like your BLM tshirt so one day they ban you. Private company, they can do that. But now where do you buy food?

Or your Brand X car breaks down, but Brand X decides they don't want you in any Brand X dealerships anymore, but the problem is your car needs a specific diagnostic tool only available to Brand X dealers.

The examples are endless

Re:Why we are suing the Administration by BTCOG on Tuesday September 01, 2020 @02:34PM (#24345153)
A sidenote that this interestingly showcases (to me) how people lived and ate before giant grocery store chains. Folks were a lot more decentralized and trade/bartered/bought with their farm from those nearby in the community. Why did we reach a point where one dangerously relies on solely a just-in-time commercial grocery outfit just to live?

And I agree, the internet monopoly is a huge issue. The internet should become widely available to all. I would say as a utility, but that then points out the fact that I have one giant power company that could also, censor me and cut me off from my only main source of power... hmmm...

Re:Why we are suing the Administration by Proziam on Tuesday September 01, 2020 @12:24PM (#24343481)
This is one of the areas where liberal and conservatives alike are often in strong agreement. I find it curious that we haven't seen a protest over this issue that carries enough weight to illicit some serious change. It doesn't strike me as a difficult one to get 100k people to march for, and if the NRA/GOA backed it you could easily get 20-30k individuals who are well armed (and still peaceful) to join in like they did in Virginia.

I must be missing something because I cannot imagine why everyone is so tolerant of companies having nation-state level ability to ruin lives, and to routinely face no consequences when they do so.

Re:Why we are suing the Administration by beefield on Tuesday September 01, 2020 @10:21AM (#24341991)
> But if your government is infringing your rights, it's very difficult for most people to pick a different government.

I am not sure if I am attacking a straw man here, but it sure sounds like you claim that buying one way flight ticket is very difficult compared to getting rid of FAAMG in your life?

I understand there are other complications involved in moving abroad that just the flight ticket, but I still think that the big global corps are much more difficult to get rid of than my government. Including the fact that they very much keep communication with my friends at least as much hostage as my government if I decide to move away.

Re:Why we are suing the Administration by dreamcompiler on Tuesday September 01, 2020 @10:46AM (#24342339)
Moving to another country is quite difficult unless you are sponsored by an employer there, have dual citizenship, or are rich.

Sure you can fly there, but your tourist visa will run out in a few weeks and they will kick you out if they can find you. So now you're on the run, and good luck finding a job, renting an apartment, or getting health care with an expired tourist visa.

Oh and if you're an American, you won't be able to open an account in a local bank because American banking laws control all banks everywhere.

The above are generalizations and some countries are easier to move to than others. And all of them IMO are much more difficult than deleting Facebook.

Re:Why we are suing the Administration by selectodude on Tuesday September 01, 2020 @11:07AM (#24342600)
I haven't bought anything off Amazon in awhile. I'm sure I still use AWS when I browse the web but I'm not militant in my lack of support. Hopefully they move somewhere else, but it's fine regardless.

I'd be on the next flight out if there was some sort of undocumented American community somewhere in Western Europe or something. But that simply doesn't exist.

Re:Why we are suing the Administration by dash2 on Tuesday September 01, 2020 @12:13PM (#24343386)
Last I looked, they were all in Berlin, pushing up the rent and talking about their startup.
Re:Why we are suing the Administration by selectodude on Tuesday September 01, 2020 @07:27PM (#24348312)
I do love Berlin :/
Re:Why we are suing the Administration by thinkloop on Tuesday September 01, 2020 @11:59AM (#24343210)
I wonder when the F will drop like the N. Facebook is not close to as important/irreplaceable as Google, Microsoft, Apple, Amazon.
Re:Why we are suing the Administration by jayd16 on Tuesday September 01, 2020 @11:30AM (#24342865)
>The writers of the constitution understood that if you didn't like doing business with a company you could just take your business to their competitor.

Is there actually something in the Federalist Papers talking about free market competition? I'm not aware they considered this at all.

Re:Why we are suing the Administration by umvi on Tuesday September 01, 2020 @10:32AM (#24342165)
What if a Twitter mob follows individuals around and prevents them from finding jobs because of some speech they said earlier?
Re:Why we are suing the Administration by krapp on Tuesday September 01, 2020 @11:38AM (#24342952)
Employers have the right to hire or not hire whomever they want barring discrimination against protected classes, based on whatever criteria they want to consider relevant. "Person who said a stupid thing on the internet" is not a protected class.

A Twitter mob doesn't have any objective power to prevent anyone from finding employment. They do, however, have free speech rights which include the right to communicate with someone's potential employer and argue that they should not be hired. If literally every employer decides not to hire someone based solely on what that mob says, then (notwithstanding how ridiculous that scenario would be in real life) that's possibly a labor rights issue more than a free speech issue.

Re:Why we are suing the Administration by mrkstu on Tuesday September 01, 2020 @12:12PM (#24343365)
And this singular issue may be the genesis of the rebirth of unions in a modern context.
Re:Why we are suing the Administration by Proziam on Tuesday September 01, 2020 @12:28PM (#24343529)
I have never seen a Twitter mob manage to avoid the use of libelous claims. This begs the question, what could be done to protect people from online mobs? What relief do you think unions could provide?
Re:Why we are suing the Administration by mrkstu on Tuesday September 01, 2020 @01:57PM (#24344676)
A very focused rider required on contracts that employment can't be terminated due to political speech outside of work hours. Make that one of a small handful of similar riders required by companies to hire 'union' members and I think you'd end up with a LOT of people joining that union.

It would remove a lot of leverage of the twitter mobs if they know ahead of time the target is protected.

Re:Why we are suing the Administration by krapp on Tuesday September 01, 2020 @02:06PM (#24344792)
Define "political speech," bearing in mind that everything that can be proven not to be "political speech" under that definition is implicitly fair game as grounds for termination in this case.
Re:Why we are suing the Administration by joshuamorton on Tuesday September 01, 2020 @12:39PM (#24343647)
"things you think are false" and "libelous" are, in the US, vastly different standards.
Re:Why we are suing the Administration by Proziam on Wednesday September 02, 2020 @02:38PM (#24356316)
I'm familiar with the standards and I stand by my assessment with full confidence. Twitter mobs routinely make up facts and spread completely unfounded misinformation that is demonstrably contrary to what evidence suggests. That's 3/4 of the criteria right then and there.

[0] To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement.

Now what you need to do is show damages. Lost your job? Deplatformed or demonetized? Vendors, partners, or clients cut ties? Victim of harassment (online or otherwise)?

[0] https://www.law.cornell.edu/wex/defamation

Re:Why we are suing the Administration by joshuamorton on Wednesday September 02, 2020 @03:43PM (#24357153)
You haven't demonstrated negligence. Nor did you demonstrate that the statement was made seriously. Elon musk called someone a "pedo guy" because he moved to Thailand, and was found to be fine because a reasonable person wouldn't take the statement seriously. Threading the needle between protected hyperbole and protected good faith mistakes is practically speaking not feasible. Negligence is a higher standard than what you seem to believe.

Keep in mind, making an accusation not totally supported by evidence is not defamation. In the US, it falls on the defamed to both prove that the accusation is false and prove that the accuser knew it was false. Not that they had doubts or uncertainty, but that they knowingly lied. Making an ultimately incorrect acusation based on incomplete evidence isn't legally negligent.

Re:Why we are suing the Administration by Proziam on Thursday September 03, 2020 @03:55AM (#24361759)
[0]Negligence is "a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances."

Essentially, it comes down to what a reasonable person would do.

A reasonable person would probably not invent claims without evidence. Let's take the Kyle Rittenhouse case as the example since it's so recent and visible. The Twitter mob openly calls this individual a murderer, white supremacist, and terrorist, among other things. They also invent and distribute "facts" which are material to the case such as where the individual got the AR-15 used during the event, and the circumstances surrounding its use. [1]Significant effort is undertaken to obfuscate the truth through the editing of video footage and censoring of contrary opinions.

> Elon musk called someone a "pedo guy" because he moved to Thailand, and was found to be fine because a reasonable person wouldn't take the statement seriously.

This is clearly not the case when dealing with situations like the above, and many others which lead to individuals being deplatformed, harassed, or physically threatened, or even attacked. There can be no doubt that claims of racism, sexism, homophobia, or other bigotry are taken seriously by all the major platforms and society as a whole. It is common knowledge that such claims cause harm.

A reasonable person would not make damaging claims without any supporting evidence, manufacture fake evidence, or aid in the distribution of either.

[0] https://www.law.cornell.edu/wex/negligence

[1] https://www.breitbart.com/tech/2020/09/02/facebook-declares-...

Re:Why we are suing the Administration by joshuamorton on Thursday September 03, 2020 @04:04AM (#24361813)
But there is supporting evidence for all of those claims. It is not ironclad (or you may disagree with it). But they are not claims made without evidence. And reasonable people can, and do, disagree about specific pieces of evidence.

Furthermore, repeating a rumor is not negligent. So if I make a claim without evidence, but you repeat it and cite me, only I have done something wrong.

To get concrete, there is evidence that Kyle Rittenhouse murdered someone. He's been charged with first-degree intentional homicide, this is Wisconsin's equivalent of Murder.

There is evidence that Kyle Rittenhouse is a white supremacist. He travelled across state lines to disrupt and intimidate people at a protest for racial justice. While he may not be a card carrying neo-nazi, that's evidence.

There is evidence that Kyle Rittenhouse is a terrorist. He (presumably) unlawfully used violence and intimidation against civilians for political purposes. He's listed on wikipedia's list of right-wing terrorists in the US[0].

So now you have to show that not only are the above statements false, but that they are so blatantly false, that it is unreasonable for a person to believe them, and that to reach those conclusions would require negligence. But of course, you can't really do that. Wikipedia agreeing with me pretty much proves that my claims aren't unreasonable. They may be wrong, but they aren't negligently so.

> They also invent and distribute "facts" which are material to the case such as where the individual got the AR-15 used during the event, and the circumstances surrounding its use.

Coming to incorrect conclusions after good faith investigation isn't negligent. At the moment, as far as I know, Rittenhouse got his rifle within the state of Wisconsin, from a friend. But not knowing that information, it is not unreasonable and negligent to state "He must have acquired the gun illegally, since he is underage and can't transport it across state lines." That's a reasonable conclusion. It's wrong, yes, but it's reasonable.

> This is clearly not the case when dealing with situations like the above,

Just to be clear, you are saying that it is reasonable for a person to call someone else a pedophile without any evidence, but calling someone who shot and killed someone else, on video, a murderer, is negligent? Am I getting that right?

Previously I said that you misunderstand negligence. I'll repeat what I said and add that it appears that you, personally, have an extraordinary level of prudence. Which is totally acceptable, and perhaps even an admirable trait. But it is not ordinary. Legally speaking, you appear to be "unreasonable".

[0]: https://en.wikipedia.org/wiki/Right-wing_terrorism#United_St...

Re:Why we are suing the Administration by Proziam on Thursday September 03, 2020 @05:29AM (#24362288)
TLDR - At the time the claims were made, there was not enough evidence available to make any potentially defamatory claims. If the same standards were applied to financial reporting, the reporters would be in jail already.

> To get concrete, there is evidence that Kyle Rittenhouse murdered someone. He's been charged with first-degree intentional homicide, this is Wisconsin's equivalent of Murder.

These claims were coming out prior to him being charged and prior to any credible sources reporting details of the story. There was an organized attempt to get ahead of the narrative and paint a particular picture of the events. The fact that it's actually rather difficult to find the details of the 'victims' and their criminal histories is one indicator of that. The below cited debate on the wiki entry is another. And that is without diving into the twitter discourse where it's possible to find every level of bad faith "debate"

> There is evidence that Kyle Rittenhouse is a white supremacist. He travelled across state lines to disrupt and intimidate people at a protest for racial justice. While he may not be a card carrying neo-nazi, that's evidence.

He worked in Kenosha as a lifeguard, and was there cleaning up the neighborhood [0]unarmed earlier in the day. Saying his presence there is evidence is like saying that my fingerprints inside my own home are evidence of whatever crime may have happened there.

> There is evidence that Kyle Rittenhouse is a terrorist. He (presumably) unlawfully used violence and intimidation against civilians for political purposes. He's listed on wikipedia's list of right-wing terrorists in the US[0].

This "evidence" came into existence after the claims were already circulating. [1]The original entry was Kenosha Riots, and there is ongoing organized action to alter the title and information to change the narrative. None of the sources listed existed at the time that the defamatory claims were made.

> Coming to incorrect conclusions after good faith investigation isn't negligent.

There was no investigation, so there cannot have been good faith in the investigation. The individuals claiming he 'crossed state lines with an illegal AR-15' are making multiple false claims at once. He didn't cross state lines to participate, he was already there. He didn't cross with the AR-15, it was given to him by a WI state resident. Even the possession of the weapon itself may not have been illegal as the state statutes leave wiggle room that has yet to be explored.

The ultimate point is that the people who initiated many of these claims are journalists and news publications who should have made a good faith effort to produce accurate reports. They failed miserably to do so, and their reports still carry significant inaccuracies. Some of these reports featured video clips that were edited to better support the narrative. None of these reports, at least that I've been able to find, show all of the video evidence that is public thus far.

> Just to be clear, you are saying that it is reasonable for a person to call someone else a pedophile without any evidence, but calling someone who shot and killed someone else, on video, a murderer, is negligent? Am I getting that right?

Not exactly. I'm saying that Elon Musk is one individual who has no following because of his 'investigative journalism' credentials. He's just a dude who is rather well known for being 'out there'. On the other hand, people absolutely do follow CNN & & & as a 'credible' source for such reporting.

[0] https://nypost.com/2020/08/26/suspected-kenosha-gunman-kyle-...

[1] https://en.wikipedia.org/wiki/Talk:Kenosha_protests#Requeste...

Re:Why we are suing the Administration by joshuamorton on Thursday September 03, 2020 @01:51PM (#24366626)
None of what you've said actually matters. Again, the standard isn't that you need to be correct, but that the statements you make would be made by a reasonable person. They can all be ultimatelywrong as long as they aren't unreasonable.

It isn't unreasonable to call someone who shot someone else a murderer. It just is not.

It is not unreasonable to conclude that someone who travelled to another state and then shot someone was doing so for nefarious reasons. It may be wrong, but it isn't unresonable.

> This "evidence" came into existence after the claims were already circulating

I'm not saying that using the Wikipedia article is evidence for the claim. I'm saying that the claim cannot be unreasonable if wikipedia ultimately reached the same conclusion.

Again, you don't need to cite someone else to be not defamatory. As long as the statement, standing alone, isn't unreasonable, you're good.

> None of these reports, at least that I've been able to find, show all of the video evidence that is public thus far.

That doesn't make them defamatory.

> Not exactly. I'm saying that Elon Musk is one individual who has no following because of his 'investigative journalism' credentials.

Your original complaint was about random individuals in twitter mobs making defamatory statements. They also have no credentials. So are you now saying that actually all the random people on Twitter are fine, but it's CNN and NBC and the news organizations that are making defamatory claims?

Because that's a reach. You really think you know defamation better than the lawyers who work for those companies and specialize in defamation?

Re:Why we are suing the Administration by Proziam on Thursday September 03, 2020 @03:24PM (#24367754)
> It isn't unreasonable to call someone who shot someone else a murderer. It just is not.

How about KKK member, white supremacist, racist, etc?

> It is not unreasonable to conclude that someone who travelled to another state and then shot someone was doing so for nefarious reasons. It may be wrong, but it isn't unreasonable.

This isn't what happened and there is substantial evidence that demonstrates this. He didn't travel there for that reason, he was there when it started because he works there. He traveled a shorter distance 'into another state' than from me to my local mall.

> Because that's a reach. You really think you know defamation better than the lawyers who work for those companies and specialize in defamation?

[0]Lin Wood, (Kyle's lawyer) recently won multiple defamation cases, one of which was against CNN for their poor coverage of the Nick Sandmann case. He's quite literally an expert in the field. I'm happy to let him sort things out.

> Your original complaint was about random individuals in twitter mobs making defamatory statements. They also have no credentials. So are you now saying that actually all the random people on Twitter are fine, but it's CNN and NBC and the news organizations that are making defamatory claims?

They aren't "fine" but they are not the originators of the harm. The so-called journalists intentionally editing video to alter narratives, and large organizations that are trying to alter the publicly available information are absolutely not fine.

And my original point was that I've not seen Twitter mobs (as a collective) avoid crossing the line. However, you can't go after a mob, you can only go after the most important individuals fanning the flames.

[0] https://lawandcrime.com/media/lawyer-for-covington-catholics...

Re:Why we are suing the Administration by joshuamorton on Thursday September 03, 2020 @03:47PM (#24368024)
I already explained why calling him a white supremacist isn't unresonable. Calling him a KKK member likely falls under the exceptions for hyperbole. And are you saying CNN has called him a KKK member?

You can't use CNN because a twitter user called someone a white supremacist after CNN correctly reported on events and someone else says something inflammatory. Either you can go after CNN for the reporting it does, or you can go after random twitter users for inflammatory stuff, but understand that you already said that that was okay when you claimed musk was "different".

And just a note, Lin Wood did not win a case against CNN. The Sandmann case was settled out of court. Please don't defame CNN like that.

Re:Why we are suing the Administration by kube-system on Tuesday September 01, 2020 @09:59AM (#24341760)
The person you are responding to didn’t make a first amendment argument, or say anything about the US.

They are saying that people outside of China should take a stand against China’s lack of respect for speech rights, rather than playing along with it for profit.

Re:Why we are suing the Administration by ideals on Tuesday September 01, 2020 @10:07AM (#24341838)
The USG doesn't respect speech rights of it's citizens either so idk where this grandstanding keeps coming from that we're still the champion of free speech when every night police beat and pepper spray people for exercising those rights.
Re:Why we are suing the Administration by kube-system on Tuesday September 01, 2020 @10:13AM (#24341905)
That is also a problem — however it is neither related, nor diminishes the significance of the topic at hand. And the suggestion that the USG and CCP’s respect for speech rights are somehow comparable is just silly.

All of the western world has a significantly better respect for speech rights than the CCP does.

Re:Why we are suing the Administration by mas3god on Tuesday September 01, 2020 @10:24AM (#24342036)
China is far worse in that regard, pressure flipping against the US is a common Chinese troll argument.
Re:Why we are suing the Administration by bronco21016 on Tuesday September 01, 2020 @10:41AM (#24342272)
It’s really more nuanced than that though isn’t it?

The issue isn’t so much that TikTok is censoring content. It’s that they’re censoring content at the request of a foreign government.

I’m not a legal scholar by any means so I cannot really comment about the application of the constitution or other applicable law. However, it feels like it’s probably wrong to let another country censor the speech of US citizens, in the US.

Re:Why we are suing the Administration by cataphract on Tuesday September 01, 2020 @09:49AM (#24341671)
Doesn't the "terrific" 1st amendment (not sure in which sense you're using the word) cut against the type of regulations that the gp advocates for?

To the extent that banning pro-Tibet messages is expressive editorial conduct, the government's banning of such companies for engaging in such conduct would violate the 1st amendment protections against viewpoint discrimination.

Put another way, by preventing the government from regulating private companies in such a fashion, the 1st amendment can actually weaken free speech (though I would argue that the actual problem is fact that the big tech companies are so dominant that few viable alternative venues, with different editorial practices, exist).

The result is that when the government tries to reform the editorial practices of the tech companies, it has to do so through awkward means (like saying that they are not enforcing their own rules or threatening to strip them of their protection against libel and other causes of action). Anyway I'm pretty sure that if they condition civil liability protection on their following editorial "best practices", like what current bipartisan bills to reform section 230 do, the courts will not play along.

Re:Why we are suing the Administration by jariel on Tuesday September 01, 2020 @12:17PM (#24343422)
True - but - we can still ban foreign companies who act in nasty ways.

We 'divest from Oil' for god's sake we can at least 'divest from the CCP'.

The CCP has a team in most (about 85%) of Chinese companies to ensure they tow the party line. They don't care about day-to-day operations, but when it comes to sensitive things, they report back to the CCP.

Thanks to technology ... it's the most systematically totalitarian state ever devised.

When writing 20th century dystopian novels, we never even conceived of the level of personal control.

Imagine if the US president ordered a CIA or GOP organ inside every US company, directed the Fed to put money in certain banks, and directed the banks to make loans to specific companies on specific terms. And then read everyone's email, browser history, chat to make sure they 'complied' and flagged anyone who ever hinted anything other than the accepted truth.

That's just scratching the surface.

We should ban it.

Re:Why we are suing the Administration by chrischattin on Tuesday September 01, 2020 @11:56AM (#24343164)
I strongly disagree. Free speech is a cultural ethic. In an enlightened liberal society, we have a shared value that self-expression is a fundamental human right. And, it is wrong to take away someone's human rights. The first amendment exists to ensure the government never violates that human right. But, companies and individuals have a cultural/moral obligation to protect/not violate that right as well, imo.
Re:Why we are suing the Administration by Justsignedup on Tuesday September 01, 2020 @12:49PM (#24343767)
There are _some_ limits to that.

If a company is deemed to be considered the equivalent of a town square, it can be given the same restrictions as the 1st amendment. For example Malls cannot ban protected speech in their premises.

If a company is not deemed this by courts, they have the full right to ban you for non-protected reasons (excluding racism/sexism and so on)

Re:Why we are suing the Administration by t0mbstone on Tuesday September 01, 2020 @07:28PM (#24348320)
So... amend the constitution?

Maybe free speech actually SHOULD be free everywhere, private interests be damned?

Re:Why we are suing the Administration by yourapostasy on Tuesday September 01, 2020 @10:19AM (#24341966)
There are a few areas of regulated speech even in government-involved First Amendment scenarios [1].

It is true that private entities can kick out individuals for utterances found disagreeable. But what if those private entities are practically extensions of those in government positions, working closely with them? During the Framers' time, the proto-US did not have the equivalent of the Dutch East India Company, considered the most valuable company of all time [2].

At what point does a private entity grow so powerful that its private views applied in its selection of who to engage with turn into persecution of the kind that informed the separation of church and state principle [3]? I'd like to get a specialist historian's (specializing in the Framers' discussions) take on this, because I find it interesting that they were all very likely well aware of the Dutch East India Company, yet they did not find it a compelling enough entity to elevate to the level of the separation principle. So I have to wonder: what did they believe was the countervailing force against such a behemoth private entity's selection pressure turning into outright persecution?

[1] https://www.law.cornell.edu/constitution-conan/amendment-1/g...

[2] https://www.visualcapitalist.com/most-valuable-companies-all...

[3] https://en.wikipedia.org/wiki/Separation_of_church_and_state...

Re:Why we are suing the Administration by User23 on Tuesday September 01, 2020 @09:19AM (#24341428)
Congress and state legislatures can and should fix this.
Re:Why we are suing the Administration by pwinnski on Tuesday September 01, 2020 @09:25AM (#24341491)
Should fix... how? Companies should be compelled to provide a platform for free expression, and forbidden from removing any content, no matter how objectionable?

It's unclear to me what you're suggesting.

Re:Why we are suing the Administration by x86_64Ubuntu on Tuesday September 01, 2020 @09:38AM (#24341584)
I think it's clear what parent commenter is suggesting. And that no medium if privately owned has the right to moderate itself and must carry any and all speech and productions. Just because it's unreasonable and makes no sense doesn't mean people don't want it or widely support it on HN.
Re:Why we are suing the Administration by ethanwillis on Tuesday September 01, 2020 @09:53AM (#24341707)
I think the difference is mediums that have reached a certain size and cultural influence that they are effectively modern public forums. If all public discussion is on happening on these private platforms then they a civic duty to not suppress speech.

What's happening is people conflate "not suppressing speech" with "supporting hate speech." They don't support anything. They're nothing more at this point than a public space maintained by a private entity. Private entities I'll add that are essentially subsidized by taxpayers due to not meeting their obligations of paying their taxes, and no I'm not talking about minimizing tax obligations[0].

[0] - https://www.theverge.com/2020/2/19/21144291/facebook-irs-law...

And nobody ever said "no matter how objectionable." We still have limits on obscenity.

Re:Why we are suing the Administration by pwinnski on Tuesday September 01, 2020 @10:13AM (#24341901)
Obscenity as a legal term is complicated. Culturally, even more so. One person's "obscenity" is another person's "vernacular of the street." What is obscene in Kuwait might be an everyday greeting in Sydney.

Primarily, you are arguing for compelling corporation to expend effort and expense to carry content deemed objectionable by officers of that company, and I'm not sure you've thought that through. You might think politically-[whatever] voices are being silenced--absent evidence--but if the US government decides to violate hundreds of years of established norms and force websites to cease censoring content, it won't be just content you favor that explodes. And if the US government can force Facebook and Twitter to carry content they don't like, then what legal standard separates them from Hacker News, for example?

Re:Why we are suing the Administration by ethanwillis on Tuesday September 01, 2020 @10:48AM (#24342358)
I'd rather leave the definition of obscenity to the courts than to a private company.

If a company wants to editorialize their content and provide moderation when they deem fit then they specifically should lose their protections under section 230.

Re:Why we are suing the Administration by pwinnski on Tuesday September 01, 2020 @11:02AM (#24342516)
That is completely the opposite of how section 230 works, and section 230 is the entire reason websites like Hacker News are allowed to exist. Your argument has now gotten even worse, not better!

If a company loses Section 230 protections, the safest move is to disable user content completely. No comments anywhere. The next-safest move is to be extremely heavy-handed editorially, since any comment left alone could be the basis for a company-ending lawsuit. Whatever views you believe are being censored now, I guarantee you they would be actually censored completely without Section 230.

Read Section 230[0]. It's the foundation of the modern internet and says almost exactly the opposite of what you're suggesting. Read 230(c)(2)(A) twice.

[0] https://www.law.cornell.edu/uscode/text/47/230

Re:Why we are suing the Administration by mixedCase on Tuesday September 01, 2020 @10:00AM (#24341771)
Not the GP, but I'm thinking you could have a system where instead of centralized control, as a user you can subscribe to blocklists provided by the company as well as community-made ones. These would be tasked with the regulation of legal speech, and providing a framework for these lists would be a requirement to be protected under Section 230 of the Communications Decency Act if you meet certain requirements; while illegal speech can still be controlled under traditional centralized moderation.

Not sure how legislation would define the requirements for something like this. What would metrics would signal that a platform to have to comply with the regulation? (MAUs?, revenue?, surely having moderation, but should certain kinds of moderation like removing botspam count?) Should a provider be able to silently set-up default lists for new users or should they be prompted? Should the company be required to break down blocklists among different topics (spam/pornography/depictions of violence/a goose with a campfire in the background) and how should the boundaries of topics be defined if so? What kind of functionality should be considered the bare minimum for a framework to build community-curated blocklists?

Mind you, I still am not sure regulation is the way to go. But the truth is that these platforms wield a scary amount of power over the psyche of people to extents that would've made the Stasi drool all over the place, and it does have the ability of corrupting democracy far more than biased TV channels and newspapers since it's no longer Fox News or CNN presenting you something, it's your own acquaintances that get some of their voices artificially boosted while some others are silenced; literally distorting a huge amount of voters' own grasp on reality.

Re:Why we are suing the Administration by username90 on Tuesday September 01, 2020 @02:10PM (#24344844)
So basically China should be free to limit free speech all over the world? They are a big market and can therefore force companies to comply. This is what will happen if western governments don't intervene.
Re:Why we are suing the Administration by throwaway122378 on Tuesday September 01, 2020 @09:30AM (#24341525)
I'm sick of this response. These social media companies individually can reach billions of people with the ability (proven) to sway their thoughts and emotions (see Facebook, WHO, Reddit). Free speech must apply to public forums like this
Re:Why we are suing the Administration by ineedasername on Tuesday September 01, 2020 @10:45AM (#24342322)
Private organizations are allowed to decide how their property is used, including the type of speech it is used to facilitate. This is inherent to the concept of private property. I don't know why you think these companies are public forums. If there is a public forum in this space, it is the internet itself.

People who dislike the limits of these platforms have a variety of other venues on the internet to choose from, but what they are not at all entitled to is the automatic amplification of their voice by these large but private platforms.

Re:Why we are suing the Administration by smt88 on Tuesday September 01, 2020 @09:44AM (#24341644)
I'm sorry you're sick of the First Amendment. Private companies have it just like you do.

The remedy is to break up the big forums, not to take away the rights of their owners.

Re:Why we are suing the Administration by brandonmenc on Tuesday September 01, 2020 @10:13AM (#24341906)
> not to take away the rights of their owners

Why not? We have granted ourselves the right to limit the rights of corporations.

The individual owners can keep their individual rights.

Re:Why we are suing the Administration by smt88 on Tuesday September 01, 2020 @11:30AM (#24342862)
The Supreme Court has repeatedly ruled that corporations have 1st Amendment rights.

You have to remember that "corporation" can mean any group organized for a purpose. It can be Exxon, but it can also be Planned Parenthood or AARP.

People who can't speak loudly enough by themselves have a right to organize into a corporation, pool their money, and speak loudly together.

You can argue that a business should not be both a commercial enterprise and a holder of 1st Amendment rights, but that's not what the law says. And anyway, it would be an impossible line to draw.

Re:Why we are suing the Administration by brandonmenc on Tuesday September 01, 2020 @01:22PM (#24344207)
> corporations have 1st Amendment rights.

Correct me if I'm wrong, but isn't forbidding them from censoring user content orthogonal to this?

Re:Why we are suing the Administration by smt88 on Tuesday September 01, 2020 @03:27PM (#24345920)
I was responding only to a single previous post[1]. If you think it's out of context, take it up with them, I guess.

1. https://news.ycombinator.com/item?id=24341525

Re:Why we are suing the Administration by RandoHolmes on Tuesday September 01, 2020 @11:48AM (#24343071)
It would be no more impossible than having a non-profit, it would just require a new legal status.
Re:Why we are suing the Administration by smt88 on Tuesday September 01, 2020 @03:28PM (#24345932)
Non-profits are a tax status, not a legal status.
Re:Why we are suing the Administration by RandoHolmes on Tuesday September 01, 2020 @06:51PM (#24348057)
You say potato, I say potahto...

Turns out tax status is enforced by laws. Weird, I know.

"well akshually...". just don't.

Re:Why we are suing the Administration by kube-system on Tuesday September 01, 2020 @10:09AM (#24341857)
If we’re still talking about TikTok here, the concern is that they don’t have the right to free speech — that the rights on their platform is coopted by a government power.
Re:Why we are suing the Administration by platz on Tuesday September 01, 2020 @11:04AM (#24342556)
This simply isn't an issue regarding the first-amendment; not sure this thread needs to go into the philosophical dilemma on this here.
Re:Why we are suing the Administration by kube-system on Tuesday September 01, 2020 @11:08AM (#24342602)
Correct, it is an issue regarding the lack of Chinese speech rights. The US constitution is irrelevant in China.

Human rights, however, are natural rights.

Re:Why we are suing the Administration by smt88 on Tuesday September 01, 2020 @11:27AM (#24342834)
I'm not still talking about TikTok. I support banning Chinese social networks or any network where China has censorship power (either explicit or through back doors).

I was responding narrowly about the idea that "free speech" demands that the US govt can force companies to choose what to publish.

Forcing a company to stop operating here is an entirely different concept.

Re:Why we are suing the Administration by beowulfey on Tuesday September 01, 2020 @10:11AM (#24341876)
Lol. That's all well and good, but it doesn't. That's just how it is.
Re:Why we are suing the Administration by root_axis on Tuesday September 01, 2020 @09:49AM (#24341677)
Why? Yes, these websites reach a lot of people, but why is that a reason that the site owners should not be able to control the type of content appears on their site?
Re:Why we are suing the Administration by robotron on Tuesday September 01, 2020 @10:55AM (#24342428)
If a business can refuse service to anyone, so can social media sites, etc.
Re:Why we are suing the Administration by mcny on Tuesday September 01, 2020 @08:55AM (#24341242)
> here we are talking about not being put in jail because you say publicly that tibet should be free

Expel Spain from the EU. Economic blockade. Whatever it takes. At least the UK held a referendum on Scotland. Fake promises and all but we can't jail dissidents just because they try to form a separate country in today's world.

Re:Why we are suing the Administration by kome on Tuesday September 01, 2020 @09:14AM (#24341395)
I know it is completely off-topic AND I know I will be down-voted to death, but it is indeed absolutely shameful what happened in Spain. And we cannot tolerate this in the European Union.

Also the European Court of Justice (ECJ) agrees that separatist politicians should not be jailed for their opinions as elected officials: https://www.bbc.com/news/world-europe-50808766

More info: https://www.theguardian.com/commentisfree/2019/oct/14/spain-...

Re:Why we are suing the Administration by hobofan on Tuesday September 01, 2020 @09:36AM (#24341576)
> Also the European Court of Justice (ECJ) agrees that separatist politicians should not be jailed for their opinions as elected officials: https://www.bbc.com/news/world-europe-50808766

That's not at all what they said. According to the ECJ, they should have had temporary immunity just for the purpose of taking up their seats as MEPs even though they were on trial for a generic crime. That ruling doesn't have any judgement regarding the legality of separatism, and also wouldn't free them of prison time if found guilty by the Spanish court.

Re:Why we are suing the Administration by baxtr on Tuesday September 01, 2020 @09:26AM (#24341493)
A bit of context would surely help to put this comment into perspective.
Re:Why we are suing the Administration by zaxu on Tuesday September 01, 2020 @09:43AM (#24341630)
The catalonian government, which is an autonomous community of Spain, held a referendum to secede. The Spanish shut down polling stations, but they declared independence anyways, so the central government implemented direct rule and arrested the separatist politicians responsible for it.
Re:Why we are suing the Administration by mellow2020 on Tuesday September 01, 2020 @09:57AM (#24341744)
So what you're saying is, when I post that Catalonia should be free and go on holiday in Spain, no spooks would follow me around, and no pressure would be put on German companies to fire me, and this isn't even remotely comparable.
Re:Why we are suing the Administration by vimy on Tuesday September 01, 2020 @10:18AM (#24341954)
7 elected politicians and 2 leaders of the independence movement have been arrested and convicted for the ‘crime’ of holding a referendum. Up to 13 years in prison.
Re:Why we are suing the Administration by mellow2020 on Tuesday September 01, 2020 @12:44PM (#24343701)
Yes, I know, that's still shifting goal posts from

> "being put in jail because you say publicly that tibet should be free"

and if merely pointing that fact out is getting me downvoted, that's the problem of the people who are doing that.

Re:Why we are suing the Administration by SamReidHughes on Tuesday September 01, 2020 @12:54PM (#24343826)
They spent public money on the referendum, didn't they? If the subordinate government could do whatever they wanted, they wouldn't need a referendum, would they.
Re:Why we are suing the Administration by kome on Tuesday September 01, 2020 @09:35AM (#24341567)
They jailed Catalan politicians and activists after winning a referendum for the independence of Catalonia: https://catalansalmon.com/campanyes/llibertat/?cvid=2
Re:Why we are suing the Administration by Andrew_nenakhov on Tuesday September 01, 2020 @01:54PM (#24344624)
From what I was able to get from talking to people from Barcelona, anti-independence citizens were viewing the referendum as illegal and didn't attend. So it's no wonder that the separatists "won" the referendum, but it's legitimacy is rather questionable.
Re:Why we are suing the Administration by TheSpiceIsLife on Tuesday September 01, 2020 @09:10AM (#24341366)
Re:Why we are suing the Administration by dimitrios1 on Tuesday September 01, 2020 @09:37AM (#24341577)
The ship sailed long ago on the EU being anything but corrupt at this point for me when they continuously flirted the idea of Turkey being invited in, extend protected statuses in trade arrangements, and do nothing to help their actual members, like Greece, against the war games and provocations that occur on an almost weekly basis in the Aegean. Once again, it's all in the name of the oil.
Re:Why we are suing the Administration by mattmanser on Tuesday September 01, 2020 @10:05AM (#24341814)
The world is grey, not black and white.

These are collectives of politicians, who have a huge number of difficult problems to solve and limited means of solving them. They have conflicting, national, local and, yes, some personal demands. A mass of conflicting ideology, with varying levels of diligence, ethics and greed.

Expecting absolute morals is expecting the impossible.

Compared to virtually any government in history, and most governments today, the EU is far, far from corrupt. Yes there is corruption. But no government has no corruption.

And it's certainly not helpful, or thruthful, to use silly rhetoric like 'The ship sailed long ago on the EU being anything but corrupt'.

That is a lie, and I can only hope you are adult enough to admit it is one.

Re:Why we are suing the Administration by kodablah on Tuesday September 01, 2020 @08:55AM (#24341240)
> I think that free world should ban every company that comply with china censorship

"I think the 'free' world should ban software and/or content". Condemn maybe, but it is scary to see such non-free actions encouraged against digital content.

Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @09:11AM (#24341374)
otherwise you risk condemning in words while the regime begins to control and censor your words as well, while you continue to condemn without doing anything, perhaps with a hint of disdain or is it perhaps too much? there are those who take the south china sea, and then declare the republic of taiwan separationist and threaten to invade it weekly, not afraid to show strength, for the simple "desire for reunification" when they have been more separated than united in the last 200 years, invades hong-kong, tramples rights where it controls and then appeals to rights to trample them where before it had no power, we must be careful not to confuse the right of all with the duty to defend the rights of all and the right to express yourself and act is not the same as the right to silence or block,

  blocking those who block is freeing those who are blocked is not becoming like them.
Re:Why we are suing the Administration by kodablah on Tuesday September 01, 2020 @09:32AM (#24341543)
To me it doesn't matter what the government origin of the software is, regardless of how involved. I take a hard stance against unilateral banning of otherwise legal software. It's unfortunate that the appeal to emotion is so commonly trotted out to equate fear of government overreach with support for the bad emotion. The list of detestable government actions done under similar pretenses is quite long.
Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @09:12AM (#24341382)
you have to have the courage to think, to be indifferent/careless you risk depriving the earth under your feet one pebble at a time
Re:Why we are suing the Administration by iratewizard on Tuesday September 01, 2020 @09:04AM (#24341318)
What do you think about the banning of Cuban cigars? Genuine question, not being an ass.
Re:Why we are suing the Administration by jeswin on Tuesday September 01, 2020 @09:42AM (#24341624)
If Cuba is keeping millions of people in internment camps based on religion, or taking away freedom from once-free states (HK), or making expansionist claims, or outright threatening smaller democracies like Taiwan with war and destruction - then sure, Cuban cigars should be banned.
Re:Why we are suing the Administration by kodablah on Tuesday September 01, 2020 @09:14AM (#24341397)
Myself? Against that particular type of banning, granted I can understand general economic reasoning even though I disagree. Now, banning one single brand of cigars even if they are following the law? Completely against that type of targeted banning, and I would immediately question the motives.

Same goes for Huawei or any company/product. You are allowed if you don't break the law. I don't care the origin, I care about the rule of [contestable] law over unilateral action. I may disagree with many laws, but I respect the process much more.

Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @09:04AM (#24341314)
being free does not mean that one must be completely helpless, freedom must be defended by those who want to suppress it otherwise it dies
Re:Why we are suing the Administration by kodablah on Tuesday September 01, 2020 @09:06AM (#24341339)
> freedom must be defended by those who want to suppress it

A Freudian typo to be sure, and sadly too representative of those pushing government software/content restrictions.

Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @09:40AM (#24341606)
a translation typo , you can judge who is the censor in your conscience and who is censoring and if he is censoring the censor or is he more censor than who is censored.
Re:Why we are suing the Administration by 86J8oyZv on Tuesday September 01, 2020 @09:40AM (#24341601)
Given the arrests in Portland, does that mean every country should ban American products?
Re:Why we are suing the Administration by vorpalhex on Tuesday September 01, 2020 @12:05PM (#24343276)
Most countries arrest people who are breaking windows, setting things on fire, engaging in riots after being told to disperse and illegally carrying weapons. All of the people who were arrested were charged and then released (pending bail, recognizance, etc per Washington law).

You may feel those actions are just, but being just does not make them legal.

Re:Why we are suing the Administration by amanaplanacanal on Tuesday September 01, 2020 @08:38PM (#24348803)
It’s Oregon, not Washington. And my understanding is that plenty of people have been arrested then released without being charged.
Re:Why we are suing the Administration by colejohnson66 on Tuesday September 01, 2020 @12:39PM (#24343650)
Flip the script and it’s TikTok just complying with what you see as unjust laws, but they are laws of the CCP nonetheless.
Re:Why we are suing the Administration by vorpalhex on Tuesday September 01, 2020 @12:44PM (#24343694)
Which is why we're banning them using the tool for that situation (a foreign company who is acting in a way unaligned to the interests of US citizens) and not arresting them.

We are under no duty to allow the CCP to act within our borders.

Re:Why we are suing the Administration by yibg on Tuesday September 01, 2020 @01:42PM (#24344469)
If we ban any company that complies with laws we don't like, taken to the extreme doesn't that lead to every country banning companies from every other country that doesn't have laws that map exactly to their own?
Re:Why we are suing the Administration by vorpalhex on Tuesday September 01, 2020 @01:59PM (#24344702)
Do you really think banning CCP backed companies from hoovering up the personal data of Americans en masse is an extreme?

Every country enforces their laws. If a US company violated gdpr, I would expect them to be fined and banned from the EU.

Re:Why we are suing the Administration by yibg on Tuesday September 01, 2020 @02:18PM (#24344947)
This isn't talking about banning a specific company for violating local laws. This is talking about banning all companies from a specific country because that country has laws the US doesn't agree with. Should Europe ban all American companies because the US doesn't have GDPR? Or flip it around, which US law did Tiktok violate?
Re:Why we are suing the Administration by colejohnson66 on Tuesday September 01, 2020 @12:51PM (#24343794)
Then why are we singling our TikTok? Why not ban any Chinese company from operating within our borders?
Re:Why we are suing the Administration by kube-system on Tuesday September 01, 2020 @01:46PM (#24344509)
TikTok hasn't been singled out. The US has pretty much done the same for all Chinese communication tech that operates in the US: Huawei, ZTE, WeChat.
Re:Why we are suing the Administration by kube-system on Tuesday September 01, 2020 @01:42PM (#24344464)
Yes, the issue with TikTok has never been TikTok itself, and has always been the government institutions that have overwhelming control over their governance. China shouldn't be violating the human rights of their own people, and they definitely shouldn't be exporting the oppression of those rights to the rest of the world.
Re:Why we are suing the Administration by deelly on Tuesday September 01, 2020 @10:27AM (#24342064)
Yep.
Re:Why we are suing the Administration by koheripbal on Tuesday September 01, 2020 @08:27AM (#24341054)
My opinion is that the only realistic solution is a broad offering of many many social media apps, so that people can choose between them.
Re:Why we are suing the Administration by EForEndeavour on Tuesday September 01, 2020 @09:57AM (#24341745)
Given the realities of network effects and the observed tendency for a small number of social media platforms to dominate the market, this doesn't sound particularly realistic. More choice would indeed be great, but I highly doubt that'll ever happen with a product/service whose entire value proposition depends on everyone choosing the same one.
Re:Why we are suing the Administration by Ericson2314 on Tuesday September 01, 2020 @11:13AM (#24342659)
We need governments to promote federation, so we can have both choice and network effects.

To bad there's far less money in federation---it's "moatlessness" ruins the business proposition---so I don't know who will pay for this lobbying.

Re:Why we are suing the Administration by xibalba on Tuesday September 01, 2020 @09:17AM (#24341416)
Wasn't this already "attempted" through the natural mechanics of the free market? Social media seems to tend toward monopoly (or at least oligopoly) due to the extreme realization of the network effect in this industry.

Here is a sampling attempts (though I'm sure the graveyard has hundreds if not thousands of members): Friendster, DailyBooth, FriendFeed, Google Buzz, Meerkat, Yik Yak, Vine, Google Plus, MySpace, Path, Orkut, ConnectU, ...

Re:Why we are suing the Administration by Spooky23 on Tuesday September 01, 2020 @09:46AM (#24341648)
Sort of. Networks tend to lead towards natural monopolies. If you were my age, you had AOL IM friends, ICQ friends, Yahoo friends, etc.

The US had a phone company at the national level until regulatory bodies made a market.

Re:Why we are suing the Administration by pmontra on Tuesday September 01, 2020 @10:24AM (#24342024)
Hardly realistic. People go where their friends are. This prevents scattering groups over many different social media. We had them in the 2000s, then only one made it to now (FB). The others that are big now (Instagram/FB, WhatsApp/FB, TikTok) are successful because IMHO are on a different medium so don't directly compete with FB and/or are used by a different demographic (young people don't go where older people are, same as for music.)
Re:Why we are suing the Administration by cc23 on Tuesday September 01, 2020 @02:47PM (#24345326)
Why do we care if China censors things? Don't US social media companies censor large swaths of content? The reddit bans just happened. You can call it hate speech, but some disagree. Yet those communities and posts were still censored. What is the difference if it's a business or a government doing the censoring?
Re:Why we are suing the Administration by zalkota on Tuesday September 01, 2020 @02:52PM (#24345424)
Reddit should be banned from the US.
Re:Why we are suing the Administration by thrownaway954 on Tuesday September 01, 2020 @01:22PM (#24344197)
"I think that free world should ban every company that comply with china censorship"

not gonna happen because of this tiiiiiiiiny thing called money. china has over a billion people. if you want to be in that market, you play by their rules. it's not surprising how people can change their morals with the right dollar amount.

Re:Why we are suing the Administration by tboyd47 on Tuesday September 01, 2020 @01:19PM (#24344166)
If they would just repeal section 230 already, then the plug would be pulled from all these companies and China would no longer have any influence over what is said on the internet.

What we are in is a sort of techno-mercantilism where governments enlist large companies to deliver geopolitical influence in exchange for protection.

Re:Why we are suing the Administration by tzs on Tuesday September 01, 2020 @01:35PM (#24344361)
I fail to see how section 230 affects this it all.
Re:Why we are suing the Administration by tboyd47 on Tuesday September 01, 2020 @03:55PM (#24346279)
The whole debate over free speech online is only happening because 1) content is passing through a bottleneck of only a few companies and 2) those few companies have decided to actively censor the content.

These two things could not exist simultaneously without an explicit guarantee of legal protection from the government for online publishers of user content. Without that guarantee of protection it's doubtful that any platform could have grown as large as YouTube, Facebook, Twitter, or Google without taking a completely hands-off approach to user content (i.e. as a "common carrier"). The threat of litigation would have forced them to pre-emptively moderate all content just like print media and television.

In the 1990s Congress decided that it's okay for the internet to operate on different legal rules from the rest of society. They decided that internet companies can make editorial choices about their content freely without being legally held responsible for those choices, and the Supreme Court upheld that decision. Online speech is now the domain of Google, Twitter, Facebook, etc. and they have free reign over their virtual kingdoms without regard for any other legal system.

Re:Why we are suing the Administration by yibg on Tuesday September 01, 2020 @03:44PM (#24346131)
I think I'm more OK with a blanket ban. I guess it'd just be an embargo against China. At least it'll be consistent.

As it is there is a sense of unfairness I think. TikTok seems to be singled out with ambiguous and hard to pin down "national security" issues.

People point to FB and google being blocked in China, but at least the CCP can point to laws they're not complying with. And presumably if FB and google complied with Chinese laws (like Bing), they'd be able to operate there. With TikTok there aren't any laws anyone can point to that they're breaking. For example if there is a law that says social media platforms cannot censor users' content. As it is, this is just giving ammunition to the CCP to point to how unfair the US is being and how the west just wants to keep China and Chinese companies down.

Re:Why we are suing the Administration by spamizbad on Tuesday September 01, 2020 @11:25AM (#24342808)
Well then you're going to be banning a lot of companies. Or you'll be putting a lot of businesses in a position where they have to decide whether they want a relationship with China (growing economy, growing global influence) or the United States (stagnant economy, shrinking global influence).
Re:Why we are suing the Administration by awkward on Tuesday September 01, 2020 @09:13AM (#24341388)
It's the paradox of tolerance. How do you tolerate a platform that doesn't conform to your idea of tolerance? How do you distinguish that censorship from, say, Marvel rewriting Doctor Strange to remove Tibet?
Re:Why we are suing the Administration by eirini1 on Tuesday September 01, 2020 @09:50AM (#24341683)
I agree with the idea behind the paradox of tolerance, I just find the idea of this being only applied to a chinese-owned company because of things china does somewhat hilarious. America does much worse so its clearly not about morals or anything like that. I really wish that the discussion would more outwardly become "we're banning tiktok because China is our competitor in international geopolitics" so we can all move on with our lives and stop having these dumb discussions.
Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @09:23AM (#24341468)
it is the paradox of those who do not think and think that all things are the same and therefore that a terrorist in america is the same as one in egypt, one in tibet, one in hongkong and one in china, I am not here to explain all these things if you try to change the subject at the moment I don't have time, if you want to talk about something else ok, but I don't have time someone else will answer you, if you talk about other similar things, these things are not the same thing, one sanctioning by means of a ban on a company that censors is not the same as censorship itself. as the incarceration of a person carrying out kidnapping is not the same thing.

At least as right and wrong are not the same for most people at least. And even if in some countries right and wrong are reversed, don't believe that even those who live there don't realize it.

Re:Why we are suing the Administration by baxtr on Tuesday September 01, 2020 @09:27AM (#24341499)
Sounds like "fight fire with fire". Who defines which part of the world is "free"?
Re:Why we are suing the Administration by ISL on Tuesday September 01, 2020 @09:29AM (#24341518)
The part where you can speak your mind without consequence from the government.
Re:Why we are suing the Administration by sct202 on Tuesday September 01, 2020 @09:39AM (#24341597)
Freedom of speech is not the same in the rest of the world outside of America. Lots of European countries have hate speech laws in place where you can be convicted of crimes for speaking your mind if it's hateful. The EU has been pressuring large tech companies into self complying https://www.theverge.com/2017/9/28/16380526/eu-hate-speech-l...

But just the other day, there was a huge post with lots of uproar about how Google was flagging apps like mastodon for having no content standards regarding hate speech.

Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @09:43AM (#24341635)
don't you realize that you are comparing that "hate speech" at EU level of "hate speech" with the possibility of saying free tibet? those are the same thing for you ? why I'm still replying here.. I think that I'm fighting the 50 cent party .. https://en.wikipedia.org/wiki/50_Cent_Party
Re:Why we are suing the Administration by sct202 on Tuesday September 01, 2020 @10:11AM (#24341879)
They're not the same but I don't think that laws from China or Europe or some other country should impact services in America. If we want the same restrictions we can make the laws ourselves.
Re:Why we are suing the Administration by kube-system on Tuesday September 01, 2020 @01:54PM (#24344630)
All of the western world agrees on the freedom of the press and the protection of political speech -- and that those things are necessary for the protections of human rights.
Re:Why we are suing the Administration by RandoHolmes on Tuesday September 01, 2020 @11:53AM (#24343135)
Reminds me of the guy who taught his girlfriends dog to raise it's paw when it saw hitler talking or when it heard the phrase "heil hitler". He did it as a joke and put the video on youtube and ended up going to jail over it.

Which I very strongly disagree with. It was perhaps in poor taste, but hurt no one.

Re:Why we are suing the Administration by sdoering on Tuesday September 01, 2020 @11:59AM (#24343209)
It happened in Germany, where he went to jail, because he regularly showed forbidden Nazi insignia as well as regularly doing the Hitler salute and shouting "Sieg Heil" - all of which is forbidden by law in Germany.

Especially after he was already on probation for earlier transgressions against these laws.

He did not go to jail because he "only" teached his dog (it was actually his dog) a poor taste trick.

Re:Why we are suing the Administration by JetSetWilly on Tuesday September 01, 2020 @12:25PM (#24343488)
No, it happened in Scotland where none of these excuses apply, and the guy certainly was doing it as a joke: https://en.wikipedia.org/wiki/Mark_Meechan
Re:Why we are suing the Administration by sdoering on Wednesday September 02, 2020 @03:18AM (#24350838)
OK - then we have two cases, as nearly the same also happened in Germany[1]. In Germany the owner was sent to prison. As far as I am aware in Scotland the owner had to pay a fine [2].

I was initially wrong in assuming there would have been only one knucklehead on this planet doing something so obviously stupid.

Sorry for that.

[1]: https://www.welt.de/print-welt/article266388/Angeklagt-Herrc...

[2]: https://www.stuttgarter-zeitung.de/inhalt.gerichtsurteil-in-...

Sorry for the sources being in German only.

Re:Why we are suing the Administration by RandoHolmes on Tuesday September 01, 2020 @06:50PM (#24348049)
Yep, that's the guy I was thinking of. Glad to see I wasn't that far off the mark.
Re:Why we are suing the Administration by RandoHolmes on Tuesday September 01, 2020 @12:05PM (#24343278)
fair enough, I'm not super familiar with the guy I just remember that being the narrative.

As an aside, I remember watching 'The Wave' years ago (I think there's a new version on netflix?) and being fascinated by it. It gave a brief glimpse into the cultural fear of what happened in Germany happening again.

Re:Why we are suing the Administration by pjc50 on Tuesday September 01, 2020 @09:52AM (#24341699)
Several European countries have bans on racial hatred and Nazi content because of what happened last time Nazis were allowed to promote hatred on an enormous scale: six million people were exterminated in camps, over and above the civilian and military casualties of the war.
Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @09:35AM (#24341562)
freedom can only start with free speech and can only start dying with censorship, you tell me now ..

puns are fun but lead nowhere if you want to talk seriously

Re:Why we are suing the Administration by hobofan on Tuesday September 01, 2020 @09:46AM (#24341651)
So which flavor of free speech[0] is good enough for you? Which countries pass the threshold? I know that the free speech we have in Germany is probably not good enough for most US people that are keen on free speech, but it's good enough for me (mostly).

When someone calls on the "free world", it has mostly become a US patriotism dog whistle to me without any deeper meaning.

[0]: https://en.wikipedia.org/wiki/Freedom_of_speech_by_country

Re:Why we are suing the Administration by TheCoelacanth on Tuesday September 01, 2020 @10:41AM (#24342274)
Banning calls for the extermination of entire races is hardly the same as banning the discussion of Tibetan independence.
Re:Why we are suing the Administration by fvv on Tuesday September 01, 2020 @09:59AM (#24341766)
it's not all black or white, but I can tell which gray is close to white and which is close to black, and you?
Re:Why we are suing the Administration by hobofan on Tuesday September 01, 2020 @10:23AM (#24342014)
Can you? So China is close to black. Iran has strong internet censorship, so I guess close to black? What about Russia, where AFAIK a normal citizen is pretty free to access information and express their opinion, but bigger political figures are regularly poisoned? What about Turkey?

People here in the comments are already pointing out Spain and the USA, which most people would probably assign to the "free world".

Of course it's a spectrum, but at what difference between countries is such a boycott realistic and doesn't quickly turn into hypocrisy if not enacted against countries uniformly? Shouldn't the USA boycott Iran or Turkey in the same manner if they boycott China? Should Norway start to do the same to US companies?

Re:Why we are suing the Administration by free_rms on Tuesday September 01, 2020 @01:58PM (#24344687)
It all comes down to geopolitics. Iran and China will get the bad cop treatment, while Saudi Arabia gets kid gloves.
Re:Why we are suing the Administration by SergeAx on Tuesday September 01, 2020 @04:18PM (#24346526)
What are the difference between state ban and state censorship? Asking for a friend.
Re:Why we are suing the Administration by rglover on Tuesday September 01, 2020 @08:53AM (#24341220)
Absolutely support this point of view. Play stupid games, win stupid prizes.
Re:Why we are suing the Administration by dhagz on Tuesday September 01, 2020 @09:24AM (#24341478)
> here we are talking about not being put in jail because you say publicly that tibet should be free. or because you try to report abuse and suppression of the ruling class

Or, you know, just practicing a certain religion or being from a specific ethnic group[0].

0: https://en.wikipedia.org/wiki/Uyghur_genocide

Re:Why we are suing the Administration by smel on Tuesday September 01, 2020 @09:13AM (#24341392)
I think every country should ban foreign companies so we can have only national internet ? there is no need for global US companies taking over the world. Nobody trust China and nobody should trust US companies anyway. I live in the supposed "free world" there is no such thing. All over the world there is two classes : dominants and dominated

So please don't be so small minded bringing this "free world" propaganda terms here...

Peace

Re:Why we are suing the Administration by logicallee on Tuesday September 01, 2020 @09:49AM (#24341679)
>I think that free world should ban every company that comply with china censorship,

If you feel that strongly about it, why not an invasion theater where America makes a big show of mobilizing and preparing to send its $3 trillion military to invade and overthrow China unless China liberates their NAZI-style concentration camps (1 million uighers) and end their censorship. China's censorship just cost the world about $10 trillion in lockdowns and lost economic activity, specifically when China applied pressure on the WHO to hide news about what was going on in China as China was battling what at that time was an epidemic rather than pandemic.

I only ask because your position is a very strong one...

>I think that free world should ban every company that comply with china censorship,