Re:Facebook reverses Kyle Rittenhouse policy
by LinuxBender on Thursday December 02, 2021 @08:54AM
(#29416091)
Are "moderate" and "editorialize" treated equally in 230? I take moderate to mean, delete entirely, silence, ban. I have always assumed maybe incorrectly? that editorializing something such as adding or removing content or context is publishing content?
Re:Facebook reverses Kyle Rittenhouse policy
by gpm on Thursday December 02, 2021 @09:33AM
(#29416580)
My understanding is that you could draw a legal distinction under current law with those words, but only if this part falls under the word moderation not the word editorializing:
> that editorializing something such as [...] removing content or context
I suppose it would be permissible to draw a line where you could delete all or none of a users content, but not some, since that does sound content neutral. I don't believe anyone has drawn such a line though in law (and it would be quite the strange line to draw).
Before 230, there was already effectively a distinction in that, if you ran a forum and did absolutely no moderation, you were never liable for the content - but then you also couldn’t remove any content that was vulgar, racist, hateful to other users, etc. which is why section 230 is part of the “Communications Decency Act”. Without it, social media just choose between not moderating anything, and vetting every post (and probably only allowing posts from a small group of verified people and businesses).
LegalEagle has a good rundown: https://youtu.be/eUWIi-Ppe5k?t=4m18s