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Re:Freedom of Speech (2019) by smitty1e on Thursday January 14, 2021 @06:28AM (#25775101)
"It is “axiomatic,” the Supreme Court held in Norwood v. Harrison (1973), that the government “may not induce, encourage or promote private persons to accomplish what it is constitutionally forbidden to accomplish.” That’s what Congress did by enacting Section 230 of the 1996 Communications Decency Act, which not only permits tech companies to censor constitutionally protected speech but immunizes them from liability if they do so."

https://www.wsj.com/articles/save-the-constitution-from-big-...?

Re:Freedom of Speech (2019) by DSingularity on Thursday January 14, 2021 @06:34AM (#25775158)
I wish we would revisit these rulings in light of the destructive potential of software.

We accept that a person can’t cry out “fire” in a theatre to induce a panic. Why can’t we accept that coordinating messages for propaganda/special interests through misleading ads or fake accounts to also be damaging?

Why can a country like Saudi Arabia or Israel both whitewash its crimes on Twitter/Facebook and suppress its enemies? Why can corporations and rich political campaigns specialize ads to prey on fears in an individualized manner to advance its agenda?

Such opinions will trigger endless debates when the damage on the ground is real and ongoing. Post-reality is truly the terrible state of this world.

Re:Freedom of Speech (2019) by madeofpalk on Thursday January 14, 2021 @06:49AM (#25775264)
> We accept that a person can’t cry out “fire” in a theatre to induce a panic.

do we actually? Wasn't that overuled, or thrown out, or otherwise dismissed?

Re:Freedom of Speech (2019) by smitty1e on Thursday January 14, 2021 @08:19AM (#25775955)
Back to the point of the quotation: "Outsourcing tyranny does not mitigate the tyranny."
Re:Freedom of Speech (2019) by madeofpalk on Thursday January 14, 2021 @06:46AM (#25775249)
Isnt the government dictating the of speech of private companies/people a bigger violation?

230 has nothing to do with censorship/moderation. If anything, it permits more types of content by absolving platforms from the responsibility.

Should 230 remove the right for companies/individuals/platforms to have a say in the content they publish? Should platforms not be able to make decisions about how they moderate their own platforms?

Re:Freedom of Speech (2019) by honest_guy on Thursday January 14, 2021 @08:17AM (#25775938)
230 is a legal protection afforded to platforms which host user-generated content. It absolves them of legal liability for the content posted by their users, providing they moderate illegal content properly.

> Should 230 remove the right for companies/individuals/platforms to have a say in the content they publish?

If they wish to be afforded the legal protections offered by 230, yes. It is a choice - not an obligation. A trade-off.

> Should platforms not be able to make decisions about how they moderate their own platforms?

They should be able to, but, again, accepting the responsibility of being a platform rather than a publisher means that there should be limits to what can be considered inappropriate. There is certainly no easy answer for where that line is drawn, but it does need to be drawn. A heavy-handed moderation policy can effectively become publishing requirements.

Re:Freedom of Speech (2019) by madeofpalk on Thursday January 14, 2021 @08:51AM (#25776211)
I just don't understand how this is a sensible policy desicion apart from "I don't like how these platforms moderate, and i want them to be punished"
Re:Freedom of Speech (2019) by honest_guy on Thursday January 14, 2021 @10:20AM (#25777327)
That interpretation is backwards. The "default state" of these websites would be getting sued into oblivion. 230 protected them from that, providing they act as neutral platforms. As they have continually expanded the list of content which is not allowed, whether or not they are acting as a neutral platform is being called into question.
Re:Freedom of Speech (2019) by edbob on Thursday January 14, 2021 @09:42AM (#25776828)
Whenever one group accumulates too much power, that power is inevitably abused. The point of the policy is to limit the extent to which companies can control information.
Re:Freedom of Speech (2019) by Ardren on Thursday January 14, 2021 @07:05AM (#25775398)
I read the Tech Dirt article [1] and I don't understand how 230 has anything to do with: "permits tech companies to censor constitutionally protected speech". Isn't all about enabling tech companies to actually publish speech without being sued?

1: https://www.techdirt.com/articles/20200531/23325444617/hello...

Re:Freedom of Speech (2019) by nabla9 on Thursday January 14, 2021 @07:15AM (#25775492)
Companies and individuals have always been free to censor constitutionally protested speech (unless they are common carrier or there is some other special exception).

Section 230 protects companies from liability in the case they censor and fail to censor unprotected speech.

Re:Freedom of Speech (2019) by watwut on Thursday January 14, 2021 @06:36AM (#25775169)
> which not only permits tech companies to censor constitutionally protected speech but immunizes them from liability if they do so

Without that, they are not immune from liability for what someone else wrote. That means, they would censor more, because they would be liable full stop.

Private companies are allowed to censor on their servers by default, section 230 does not allow them to censor more then before.

Re:Freedom of Speech (2019) by baryphonic on Thursday January 14, 2021 @07:10AM (#25775438)
> Without that, they are not immune from liability for what someone else wrote. That means, they would censor more, because they would be liable full stop.

> Private companies are allowed to censor on their servers by default, section 230 does not allow them to censor more then before.

In the absence of 230, platforms would either vigorously censor everything, or would moderate nothing except for outright illegal content (e.g. child pornography). §230 gave more flexibility to allow some "community standards" without subjecting the platform to liability as a publisher.