Re:Elon Musk owns Twitter: The story so far
by jcranmer on Friday October 28, 2022 @04:14PM
(#33377224)
> The American constitution has done a uniquely good job of enumerating those limits.
Assuming you're referring to constitutional law jurisprudence here and not the First Amendment's meager words here, I don't think I can agree with this statement. The short summary of the jurisprudence is that the government has no powers of censorship whatsoever, and the margins of where speech can become illegal are so far away that it's basically impossible to reach them (e.g., to reach the bar in Brandenburg, you more or less need to be at the head of a literal mob getting ready to lynch somebody). Unless you're a student.
As a guideline for moderation, it's absolute shit. There's ample evidence that absence of moderation will cause forums to degrade into cesspools, and the guideline of First Amendment jurisprudence is that the government is not permitted to be a moderator.
Assuming you're referring to constitutional law jurisprudence here and not the First Amendment's meager words here, I don't think I can agree with this statement. The short summary of the jurisprudence is that the government has no powers of censorship whatsoever, and the margins of where speech can become illegal are so far away that it's basically impossible to reach them (e.g., to reach the bar in Brandenburg, you more or less need to be at the head of a literal mob getting ready to lynch somebody). Unless you're a student.
As a guideline for moderation, it's absolute shit. There's ample evidence that absence of moderation will cause forums to degrade into cesspools, and the guideline of First Amendment jurisprudence is that the government is not permitted to be a moderator.