https://twitter.com/JamesSurowiecki/status/17005123233188249...
> The Fifth Circuit Court has now held that it's unconstitutional for the federal govt to influence platforms' moderation decisions, while also holding it's constitutional for Texas to compel platforms to leave up content they want to take down. Impossible to square that circle.
The fact that the NYT article only touches on one point has turned the HN thread into a debate over if tweets about masking, vaccine cardiac side effects, or whatever were right or wrong.
But that's immaterial to the law here and it's important because there is clear polarization between posters on the underlying facts. But we don't have to agree on the substance of the censored speech to recognize that the state's use of coercion to suppress views it disagreed with is plainly unlawful. The 1A doesn't only apply when we agree with the speech being protected -- in fact it's most important when we don't: Speech almost everyone agrees with is going to get communicated no matter what the government does to censor it, it's unpopular views that are the most in need of 1A protection.
So I think NYT does us a disservice by falsely portraying this as being about 'covid misinformation', as it invites everyone to substitute a discussion about the states power to censor here with yet another debate on covid -- a debate itself which has been tainted by politics and censorship.
Objectively it is different.
Additionally you are going to have a hard time justifying that the federal government shouldn't do anything about disinformation. We cannot allow foreign adversaries to include our politics by saying "but the first amendment".
So while we cannot be too broad with our actions and any action should be carefully monitored for violation it isn't fundamental that the government cannot say "please don't give a platform to disinformation".
Generally speaking most of the things involved weren't deleted but deplatformed. Most commonly by not recommending them or adding a warning to them.
Deletion did occur but my understanding was it wasn't a significant portion of the actions taken by platforms.
Don't agree at all. Especially when the very same public health "experts" proved themselves entirely incompetent fools who don't understand their own data.
What these "experts" did was absolutely insane. It blows my mind so many people went along with it with nary a hint of intellectual curiosity and still to this day defend it.
But calling it overall insane and pretending everyone was ignorant at the time only makes sense if you are ignoring everything that wasn't eventually confirmed true.
Me I tried to figure out what mitigations were needed and decided it wasn't knowable so did them all until the picture became clearer.
[1] CDC thought the next big pandemic was going to be influenza. And then got hit with something different. But then executed as if it was. Bonus for about 50 years they didn't fund any research on how influenza and other respiratory viruses spread either.
No, "we" don't agree in the slightest. In fact, in my view, a "crisis" is exactly when government boundaries are most important and need to be strictly enforced, not relaxed, in order to prevent significant abuse.
You can argue what boundaries should be relaxed and how far to relax them but "hold the government to a tighter standard ahead of time during a crisis" is the opposite of helpful.
We normally hold the government to a strict limit due to there being no time limit.
I never said anything about "going slower," I disagreed with your assertion that "we all agree" that government should be allowed to "overstep bounds" in a crisis. I am unsure why you think speed of action implies violating boundaries. Speed up your crisis response all you want, but do so within established boundaries.
> You can argue what boundaries should be relaxed and how far to relax them
I can argue whatever I want. And my argument is that no boundaries whatsoever should be "relaxed" for any reason. Ever.
> We normally hold the government to a strict limit due to there being no time limit.
No, we hold the government to strict limits because we have seen throughout history what governments that are not held to strict limits do to people during times of "crisis" and "emergency."
Exactly what is going on is what you want, you don't need to add "they shouldn't have done anything in the first place" as if they very act of trying to prevent misinformation that was actively leading to the spread of a contagious virus was fundamentally flawed.
An unsubstantiated and highly arguable claim.
> that was actively leading to the spread of a contagious virus
Again, so you claim.
And, yes, it was "fundamentally flawed" either way because it involved government exercising powers it has no right to exercise.