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Re:Social Media First Amendment Cases by creato on Tuesday February 27, 2024 @01:28PM (#39527618)
> I co-founded a pioneering but ultimately unsuccessful consumer-facing video company around 2006 called Revver that had to deal with moderation issues quite early on. The idea that we would use this power in a politically biased way never occurred to us, it was obvious that it would be unacceptable, it was unconscionable.

In 2006, the internet was probably dominated by western audiences. Now, the user base of any large social media site includes much more of the world, including groups like Hamas, ISIS, etc. and they would absolutely claim their content is political.

Re:Social Media First Amendment Cases by sanity on Tuesday February 27, 2024 @01:38PM (#39527767)
> In 2006, the internet was probably dominated by western audiences. Now, the user base of any large social media site includes much more of the world, including groups like Hamas, ISIS, etc. and they would absolutely claim their content is political.

After 9/11 radicalization on the Internet was a serious concern - but most people seemed to understand that freedom of speech meant tolerating speech you didn't like.

For example, just a year after 9/11 the New York Times published a letter by Osama bin Laden explaining his views and motivations. That's almost impossible to imagine today (when apparently the NYT will fire a writer for admitting they like Chick-fil-A).

Re:Social Media First Amendment Cases by philipkglass on Tuesday February 27, 2024 @02:08PM (#39528214)
By the time the United States Senate held its "Jihad 2.0" hearing in 2015 [1], social media companies were already working to prevent ISIS and other terrorist groups from spreading their messages or media. If there was any pressure from government and the general public, it was to the effect that social media companies weren't censorious enough regarding this sort of content.

I personally fall on the "maximal free speech" side of preferences. If an ISIS video isn't calling for imminent lawless action [2], then I don't want YouTube deleting it. But I don't think that YouTube should be legally required to keep hosting an ISIS video that is technically legal under the First Amendment, and I also understand that my preference is unpopular. I'd be surprised if more than 10% of Americans agreed with me when I say that an ISIS member should be able to publish repugnant, bigoted, propagandistic, even violent videos so long as those videos are legal under First Amendment standards.

I personally want minimal filtering on this sort of content because:

1) I'm in no danger of actually being recruited to a terrorist cause.

2) Primary sources, like combat videos from the Syrian civil war (including propaganda videos that compile such clips) can provide more information about ongoing conflicts, combatants, and world events than general purpose news outlets can provide.

I think that most people are against dissemination of this sort of content because point 2 is irrelevant to them (they're not news junkies closely following armed conflicts) and, stochastically speaking, a few people who see terrorist propaganda videos will be persuaded to take up terror. Or maybe it's even less calculating: the reasoning could be as simple as "ISIS has a disgusting ideology, and disgusting ideologies shouldn't get free speech considerations."

The extreme breadth of speech protected under the First Amendment is more than what the median American wants protected, and spans more than what social media companies want to provide hosting for. High minded commitments to free speech like news outlets publishing a letter by Osama bin Laden in 2002 [3] are more notable for their rarity than for exemplifying a general standard of the time.

[1] https://www.hsgac.senate.gov/hearings/jihad-20-social-media-...

[2] https://en.wikipedia.org/wiki/Brandenburg_v._Ohio

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

Re:Social Media First Amendment Cases by jcranmer on Tuesday February 27, 2024 @02:37PM (#39528654)
> I personally fall on the "maximal free speech" side of preferences. If an ISIS video isn't calling for imminent lawless action [2], then I don't want YouTube deleting it.

An online video is almost by definition incapable of being incitement to imminent lawless action. The threshold for this magic phrase is roughly along the lines of leading a mob and saying "there is <member of outgroup>, lynch them." Pretty much anything short of that is constitutionally-protected free speech under the First Amendment, and it's virtually impossible for an internet video to be sufficiently imminent for the purposes of incitement to imminent lawless action.

Re:Social Media First Amendment Cases by philipkglass on Tuesday February 27, 2024 @02:55PM (#39528905)
Interesting, I didn't realize that the "imminent" component disqualified recordings. I would have thought that an exhortation to do something lawless as soon as you hear the message would count. Something like "Here's the home address of a Senator who called for military action against the Islamic State -- go burn his house down now!"
Re:Social Media First Amendment Cases by jcranmer on Tuesday February 27, 2024 @03:22PM (#39529300)
> I would have thought that an exhortation to do something lawless as soon as you hear the message would count.

That is almost literally the opposite of what Brandenburg v Ohio held! (Many people tend to do this: they assume that the phraseology is meant to limit speech along the lines of Schenck v US or Whitney v California, what is now known as the "clear and present danger" standard, which is what Brandenburg v Ohio was explicitly overturning.)

Brandenburg v Ohio held that advocating violent overthrow of the government is free speech, but you need the very direct link between the speech and the illegal actions for the speech to become illegal. The emphasis in "incitement to imminent lawless action" of Brandenburg is meant to be "imminent", and later court cases have generally held that "imminent" is meant to be read in very short timespans.

Re:Social Media First Amendment Cases by ImPostingOnHN on Tuesday February 27, 2024 @02:57PM (#39528942)
> stochastically speaking, a few people who see terrorist propaganda videos will be persuaded to take up terror

Empirically speaking, we saw more than a few of these people on January 6th.

Re:Social Media First Amendment Cases by wmidwestranger on Tuesday February 27, 2024 @08:16PM (#39532661)
Where I lived, another organized movement included people burning down a police station, a gas station, a historic liquor store, vandalizing too many businesses to count, and shutting down roads, highways, and interstates but that's inconvenient or insensitive to talk about, especially in the ways those Jan 6th people are regularly described.

If I were to guess at the political motivation for allowing one group to be criticized in any imaginable way, while there were attendants that did not participate, while the summer of love can only be described without mentioning the participants involved in general mayhem: I'd suggest it's because the point is to create division among the masses and thwart any attempt at changing the status quo. The source of both is the violation of the social contract by those in a position to do so and the victims are roughly every participant in both events, whether they committed a crime or not, and nearly every other US citizen.

The "authorities" only interest is to redirect blame and avoid responsibility or disenfranchisement from control of society. Thinking they have any particular interest in one group or another, except for themselves , is delusional.

That's the real issue I see with more censorship, more control, more surveillance, more integrated intelligence services, more focus on "culture". All the things that matter to them will be protected by whatever means necessary while any material concern, or hope, for the rest is just a wheel to turn to keep the ship on course. Nothing personal at the top, I'm sure, just business as usual. Sorry, not sorry.

Re:Social Media First Amendment Cases by ImPostingOnHN on Tuesday February 27, 2024 @08:24PM (#39532710)
Where I live, there was an insurrection on January 6th a few years back, incited to action and violence by the sort of "political speech" the governments of Florida and Texas are trying to force us Americans to speak, publish, or otherwise carry.
Re:Social Media First Amendment Cases by wmidwestranger on Tuesday February 27, 2024 @08:32PM (#39532764)
That sucks, what changed?
Re:Social Media First Amendment Cases by ImPostingOnHN on Tuesday February 27, 2024 @09:21PM (#39533129)
Texas and Florida passed laws aimed at making sure they succeed next time. They were challenged in court, and here we are!
Re:Social Media First Amendment Cases by wmidwestranger on Tuesday February 27, 2024 @10:13PM (#39533509)
I'm not so worried because the game is fixed but if it makes you feel better:

https://www.msn.com/en-us/news/politics/how-democrats-could-...

Re:Social Media First Amendment Cases by ImPostingOnHN on Wednesday February 28, 2024 @01:29PM (#39541876)
Sounds a bit conspiratorial, so not worth clicking, but in any case, there's enough "both sides!!1"-style equivocating on the net, and I'm not really interested in engaging with that sort of low-effort distraction on HN. Have a good one!
Re:Social Media First Amendment Cases by wmidwestranger on Wednesday February 28, 2024 @04:48PM (#39543884)
As conspiratorial as an article published on the Microsoft Network by "Russell A. Berman (born May 14, 1950) ... an American academic and professor specializing in German studies and Comparative literature."[0] can be?

Have a good one either way! Certainly, no reason to quarrel when, orientation ignored, we're overwhelmingly in similar circumstances.

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

Re:Social Media First Amendment Cases by ImPostingOnHN on Wednesday February 28, 2024 @05:54PM (#39544565)
Your post was the part conspiratorial and vague ("the game is fixed"), so not worth clicking the link. What good would it do? The post seems unrelated to the topic, which is republican government efforts to compel speech in order to make sure the next insurrection is successful. Based on the 1 cryptic sentence you provided before linking out, I'm guessing the link is similarly unrelated. Hence: not worth the click.

In any case, there's enough "both sides!!1"-style equivocating on the net, and I'm not really interested in engaging with that sort of low-effort distraction on HN. Have a good one!

Re:Social Media First Amendment Cases by wmidwestranger on Wednesday February 28, 2024 @07:02PM (#39545093)
> Your post was the part conspiratorial and vague ("the game is fixed"), so not worth clicking the link.

Apologies for not documenting the link, and I don't mind if you check it or not. I think it's unfair to say "the game is fixed" is conspiratorial, that is a fair criticism of the system we have when the DNC, and I'm sure the Republicans would be willing, to propose that, as Newsweek reported:

> The most recent court hearing on the case was held on April 25, during which the DNC reportedly argued that the organization's neutrality among Democratic campaigns during the primaries was merely a "political promise," and therefore it had no legal obligations to remain impartial throughout the process.[0]

and Salon:

> The DNC is advancing the argument that any claims to be neutral and fair to all candidates were nothing but “political promises” and are unenforceable by law. They claim that there was no expectation that they would actually be evenhanded in their treatment of Sanders and Clinton. They have made this case despite the fact that many in DNC leadership made claims of fairness when Sanders supporters clamored for accountability during and after the primary.[1]

---

> Based on the 1 cryptic sentence you provided before linking out, I'm guessing the link is similarly unrelated.

Well its an article about how the Democrats may form their own certification interruption if Trump wins and my assumption, which is not a judgement, is that given what I know, you would be more supportive of that than the event you mentioned. I think they're both childish but that doesn't mean you can't appreciate the possibility.

The relation between my comments and the article is that the summer of love, Jan. 6th, and the pandemic brought about previously unseen levels of censorship and propaganda on the internet. The powers that brought these about are apparently above the letter of the law because section 230 protections depend on acting as a common carrier, while the level of interference and integration of former natsec officers into media companies suggests the government is acting unconstitutionally through private companies.

> which is republican government efforts to compel speech in order to make sure the next insurrection is successful.

You say that as if corporations are people and that people cannot be trusted to be the judge of information and decide their own politics, which is a possible political position but not a statement of fact. Certainly corporations can editorialize and manage their content but can they do that and _still_ be protected by Section 230 or are they only protected otherwise?

Now this was a somewhat higher-effort distraction and I hope you have a good one too.

0: https://www.newsweek.com/bernie-sanders-rigged-hillary-clint...

1: https://www.salon.com/2017/05/13/the-dncs-elephant-in-the-ro...

Re:Social Media First Amendment Cases by ImPostingOnHN on Wednesday February 28, 2024 @08:10PM (#39545505)
This post also seems mostly-unrelated to the topic, which is republican government efforts to compel speech in order to make sure the next insurrection is successful. Only the last part is relevant, so Ill respond to that:

> You say that as if corporations are people

The discussion here is whether republican government officials can compel me to speak because I own or operate a company (corporation or not), or because I volunteer to moderate a subreddit, or because I am an operator of an IRC channel, or otherwise operate some sort of online service on which people can post to each other. Which is what they're trying to do now.

Honestly, I challenge you to stay on topic without mentioning the Democratic party. They aren't the ones who passed this law. Republicans are. False equivalencies like this:

> Democrats may form their own certification interruption

...aren't relevant, especially when we're discussing the violent, deadly insurrection perpetrated by republicans, not a "certification interruption", which seems to be a term coined just now.

Re:Social Media First Amendment Cases by wmidwestranger on Wednesday February 28, 2024 @09:02PM (#39545788)
Sorry, you had spent some ink saying I was being conspiratorial rather than brief.

Here again, you say:

> The discussion here is whether republican government officials can compel me to speak because I own or operate a company (corporation or not), or because I volunteer to moderate a subreddit, or because I am an operator of an IRC channel, or otherwise operate some sort of online service on which people can post to each other.

But the 5th circuit points out, correctly in my opinion, that circumstantially conveying the message of a user in an open platform with privileges regarding liability is not compelled speech:

> The Fifth Circuit noted in its decision that the First Amendment protects the “‘right to refrain from speaking,’” and publishers cannot be compelled to publish specific articles or viewpoints. Yet the Fifth Circuit did not recognize “editorial discretion”—the right of private organizations to control the dissemination of third-party content—as an independent right. Instead, the Fifth Circuit explained that such discretion arises only where a law compels or restricts the speech of the private party itself—whereas the Texas law concerns not platforms’ own speech, but how platforms treat users' speech.

These platforms benefit from section 230, they can abandon that, accept responsibility as publishers, and do whatever they want outside some other asinine law controlling free expression.

...

I'm struck by how your stance seems to perfectly reflect a belief in guilt by association or representation since you're suggesting that it is as if the message was your own were you to moderate the forum, etc. and disagreeable content was outside your power to prevent.

I think it's a shame that there are so many angry and easily influenced people out there but the root causes aren't the mean words on the internets from other actual humans, as sad as that may also be.

Re:Social Media First Amendment Cases by dang on Wednesday February 28, 2024 @11:37PM (#39546431)
Could you please not post flamewar comments?

Please especially avoid tit-for-tat spats like this one. They're not what this site is for, and destroys what it is for.

https://news.ycombinator.com/newsguidelines.html

Re:Social Media First Amendment Cases by ImPostingOnHN on Thursday February 29, 2024 @07:55AM (#39548686)
I appreciated their latest reply, especially mentioning case law. I don't feel they've been flame warring with me. If they feel I have with them, I apologize to them, but I didn't get that vibe. Is it possible you're interpreting both of our incisiveness as flame warring?

I know I didn't flag them, but I dont know if they flagged me. I'd be surprised though, given their respectful replying.

Re:Social Media First Amendment Cases by dang on Wednesday February 28, 2024 @11:36PM (#39546430)
Could you please stop posting flamewar comments? We had to ask you this just recently.

Please especially avoid tit-for-tat spats like this one. They're not what this site is for, and destroys what it is for.

https://news.ycombinator.com/newsguidelines.html

Re:Social Media First Amendment Cases by vkou on Tuesday February 27, 2024 @01:57PM (#39528037)
> After 9/11 radicalization on the Internet was a serious concern - but most people seemed to understand that freedom of speech meant tolerating speech you didn't like.

Maybe in the filter bubble of a comp sci student lounge.

You've forgotten how everyone else lost their mind in 2001, and rallied behind a folksy strongman, and his cabal of stooges, useful idiots, and bad Boyars.

Most people at the time seemed to believe that finding and exterminating every terrorist (Alleged or otherwise) the government could get its hands on would be the only way we could remain free. They hate us for our freedom, and all that. Things like the PATRIOT act have support outside the nerd-sphere, and the NSA revelations were a nothingburger to most people, and torturing people in Abu Ghraib and Gitmo, well, they are all guilty anyways.

The only reason those views and motivations get any airtime is so they can be attacked (without opportunity for debate or rebuttal). Had his values and goals had been less comically antithetical to ours, or if he wasn't condemned by his own actions as an irredeemable monster (which further damns anything he has to say), you wouldn't have seen a whiff of them. We only hit those we can beat.

Re:Social Media First Amendment Cases by sanity on Tuesday February 27, 2024 @03:17PM (#39529220)
> Maybe in the filter bubble of a comp sci student lounge.

My example of the NYT publishing Osama bin Laden had nothing to do with comp sci student lounges, can you imagine they NYT publishing something like that today? The equivalent might be an op-ed by Vladimir Putin, it wouldn't happen. The views of the legacy media have shifted dramatically on free speech over the past two decades, particularly over the past 8 years.

Re:Social Media First Amendment Cases by wmidwestranger on Tuesday February 27, 2024 @08:18PM (#39532675)
There was also that Bush/Cheney thing going on and, very likely, the intelligence-media pipeline was just being brought into operation.