Re:Open letter from the BMJ to Mark Zuckerberg
by shadowgovt on Friday December 17, 2021 @05:00PM
(#29598886)
There's a significant difference between the behavior of a private institution and the behavior of government. Indeed, a government that censors the press is the exact opposite of a private medium exercising their editorial discretion. One is violation of freedom of the press, the other is freedom of the press. Facebook is under no more obligation to uncritically pass through bmj.com stories to their customers than my local newspaper is to run a classified ad saying the paper's owner belongs in jail, no matter how much I try to pay them to run it.
Under the political theory underpinning the origins of the US, private institutions have different moral obligations from governments because governments have the monopoly on violence, not simply because governments are big and have lots of "users." Facebook can't force anyone to use Facebook, and their competition is always one click away.
Facebook isn't a "public square" because it has no local geographic monopoly on space; it's the Internet, we have our choice of internet fora. This differs from the physical world, where one can't easily just go to the next public square over if the use of the nearby one is curtailed (hence the need for legal theory enacting the concept of "de-facto public square"). There's a problem if Facebook is the only online forum. But the solution to that is anti-trust law, not the government dictating what Facebook may not refrain from rebroadcasting via its network. Trying to solve the legitimate concerns of discourse manipulation via modification to First Amendment protections opens a Pandora's Box that is almost certainly best left closed (for starters: given the customer behavior we currently see, one could infer that people use Facebook because they like the signal-tuning. Stepping on the neck of Facebook's ability to signal-tune in a heavy-handed way risks driving users to alternative services that don't operate out of the US and therefore aren't beholden to any concept of First Amendment protections, for good or ill).
Under the political theory underpinning the origins of the US, private institutions have different moral obligations from governments because governments have the monopoly on violence, not simply because governments are big and have lots of "users." Facebook can't force anyone to use Facebook, and their competition is always one click away.
Facebook isn't a "public square" because it has no local geographic monopoly on space; it's the Internet, we have our choice of internet fora. This differs from the physical world, where one can't easily just go to the next public square over if the use of the nearby one is curtailed (hence the need for legal theory enacting the concept of "de-facto public square"). There's a problem if Facebook is the only online forum. But the solution to that is anti-trust law, not the government dictating what Facebook may not refrain from rebroadcasting via its network. Trying to solve the legitimate concerns of discourse manipulation via modification to First Amendment protections opens a Pandora's Box that is almost certainly best left closed (for starters: given the customer behavior we currently see, one could infer that people use Facebook because they like the signal-tuning. Stepping on the neck of Facebook's ability to signal-tune in a heavy-handed way risks driving users to alternative services that don't operate out of the US and therefore aren't beholden to any concept of First Amendment protections, for good or ill).