396 karma · joined January 22, 2012
It's probably my fault, but I find myself unable to read between your lines and tease out your point.
If the state outsourcing censorship, then the state alone is culpable. I think we can have some legitimate and interesting arguments about where the line ought to be drawn. For instance, if a private entity asks the state for guidance about content moderation, is it (or ought it be) legal for the state to provide it?
But that entire discussion falls well within the contours of the established legal framework. So I'm not sure what concept you were referring to originally.
For instance, I suspect if some antisemitic nuts in say, the 1960s, had wanted to buy a full page ad in the NYT with some elders-of-zion type conspiracy ad, complete with hook-nosed caricature of a jewish banker, and the NYT refused to run the ad, nobody would have raised any objection on "free speech" grounds.
Can you think of any examples of extra-legal "free speech as a popular concept", pre-Internet?
[0]: https://en.wikipedia.org/wiki/Pruneyard_Shopping_Center_v._R...
It literally says `No results found for "kitchen boss" "g320" "disassembly".` right at the top, and then shows you the (properly explained) results for the non-quoted version of the query.
Somewhat tangentially: if you're also already comfortable with javascript, you might consider using it (or typescript) on the back-end as well. I've recently been looking at remix (https://remix.run) which seems like a pretty smart approach to doing that. The idea is roughly that you build a thing that looks like a traditional server-side app, but with server-rendered react components, and the framework supports you in layering on client-side progressive enhancement. I haven't done anything serious with it, but it's piqued my interest enough that I might overcome my aversion to running javascript on the server (mostly due to healthy paranoia about the state of the npm ecosystem).
If that's the case, it would be an incremental improvement if the credit agencies implemented some tokenization scheme, sort of like credit card gateways do.
Not that anyone should trust the credit agencies either, but you'd still be removing unnecessary points of potential compromise.
As far as "most cat pictures and memes", maybe it is, by volume. But that doesn't diminish the substantial corpus of more substantive, forum-like, discussion hosted on the site.
> Economics works itself out if you let it.
Sure. But exclusive single-family zoning, for example, isn't exactly "letting it".
Otherwise, you risk being lumped in with the multitude of bad takes made by people who misunderstand what VAERS is, and don't understand statistics.
> US Covid deaths peaked in early January, three months before US daily vaccines peaked in mid-April, and VAERS deaths peaked in March-April.
I find an April peak in VAERS deaths entirely unsurprising, since that's exactly when the rate of vaccination was highest.
That leaves option 1. I suppose such a thing could exist, but it would be very different from social media as it exists. It sounds like a mash-up of twitter (accounts, follows, retweets) and 4chan (minimal moderation). Which would be interesting.
But you're still talking about basically making anything resembling current social media sites illegal.
You're also probably making any niche forum illegal too, unless it's niche enough that the operator can reasonably subject every post to prepublication review to try to avoid liability.
It's worth noting, though, that while I'm not allowed to ban Muslims from my bible study forum site, I'd be well within my rights to prohibit them (and anyone else) from evangelizing islam there.
I agree that elected officials shouldn't try to make an end-run around the 1st Amendment by threatening to regulate companies if they don't censor on behalf of those officials.
When they do, shouldn't we should place the blame at the feet of those elected officials, not the companies they're attempting to extort?
I think you're begging the question here. It's not clear they're conduits - they're arguably at one end of the conduit. They arguably abut the town square (the internet at large), but that's not the same as being the town square.
> Why not just treat political opinion as a protected trait as well?
Lots of reasons. If you think about it for a minute or two, you can probably think of several.
> They are effectively governments when it comes to their ability to shut down speech
You mean "their ability to shut down speech on their own property, and nowhere else", which is different. So, yes, they're effectively governments on their own turf, much like the owner of a popular bar. Even if the bar is the the de-facto "town square" of some isolated hamlet where the townsfolk routinely gather to discuss the issues of the day.
But if your function more or less resembles a little web app that maybe talks to S3 and DynamoDB, this works really well.
That would still be a problem (because it would allow companies to censor critics, even if the criticism wasn't actually defamatory), but at least we wouldn't have incoherent arguments about a non-existent publisher/platform dichotomy.
That city-journal piece is pretty awful. For instance, regarding the bit you quoted, they absolutely can claim that 230 protects free speech. Private censorship on private property is free speech.
Congress almost certainly can't pass a law that outlaws viewpoint discrimination for web sites that would survive 1A scrutiny. Fiddling with defamation liability to get around the constitution might work, but just because you can doesn't mean you should.