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The Supreme Court is about to decide the future of online speech

theverge.com

11–20 of 54 posts

Re: The Supreme Court is about to decide the future of online speech

#11
post #2

This is gonna be a weird ruling if it goes in favor of the states. If you run a public bulletin board tearing down fliers is absolutely a form of speech, and if you do it to people you disagree with it becomes political speech. I can't imagine even this court ruling that the government is allowed to regulate political speech. That would kick the door open to an easily constitutional broadly applied national hate spee…

> If you run a public bulletin board tearing down fliers is absolutely a form of speech I'd say where the protection starts is that the board is yours. You can make it as open or restricted or curated or nonsensical as you wish. Other individuals can put up their own boards and they can display whatever they wish. This is what the 1A protects. In a reality where an opinion can be displayed from millions of boards - I…

You're portraying it as if there's not a small number of de-facto public square "boards" that the vast majority of people get almost all of their information from. Manipulation of those boards has an absolutely massive effect, and saying "well, you could go out in the woods and create your own public forum that a handful of people would ever see" isn't really an acceptable alternative.

Re: The Supreme Court is about to decide the future of online speech

#12

Ordering people to say things the government likes is compelled speech. The First Amendment broadly prohibits it and that broadly benefits us . It's in our interest to safeguard and preserve rights that protect our speech.

> It's in our interest to safeguard and preserve rights that protect our speech.

In this context, 'our' includes people who (I fervently believe) use their speech to make the world a worse place. Because that's what it means.

It also means that I do not have to carry, parrot, amplify or provide a space for their speech.

Re: The Supreme Court is about to decide the future of online speech

#13
post #2

This is gonna be a weird ruling if it goes in favor of the states. If you run a public bulletin board tearing down fliers is absolutely a form of speech, and if you do it to people you disagree with it becomes political speech. I can't imagine even this court ruling that the government is allowed to regulate political speech. That would kick the door open to an easily constitutional broadly applied national hate spee…

> If you run a public bulletin board tearing down fliers is absolutely a form of speech I'd say where the protection starts is that the board is yours. You can make it as open or restricted or curated or nonsensical as you wish. Other individuals can put up their own boards and they can display whatever they wish. This is what the 1A protects. In a reality where an opinion can be displayed from millions of boards - I…

>I'd say where the protection starts is that the board is yours. You can make it as open or restricted or curated or nonsensical as you wish. Other individuals can put up their own boards and they can display whatever they wish.

As mentioned in the article, Pruneyard Shopping Center v. Robins ruling rejected that logic. The government can regulate your conduct. The speech in your bulletin board is that of those who wrote it, not your's. Thus not 1A issue.

The underlying issue is if social media is a platform (like a bulletin board) or a publisher (like a newspaper).

Re: The Supreme Court is about to decide the future of online speech

#14

Earlier quoted context omitted.

> If you run a public bulletin board tearing down fliers is absolutely a form of speech I'd say where the protection starts is that the board is yours. You can make it as open or restricted or curated or nonsensical as you wish. Other individuals can put up their own boards and they can display whatever they wish. This is what the 1A protects. In a reality where an opinion can be displayed from millions of boards - I…

>I'd say where the protection starts is that the board is yours. You can make it as open or restricted or curated or nonsensical as you wish. Other individuals can put up their own boards and they can display whatever they wish. As mentioned in the article, Pruneyard Shopping Center v. Robins ruling rejected that logic. The government can regulate your conduct. The speech in your bulletin board is that of those who w…

> Pruneyard Shopping Center v. Robins ruling rejected that logic. The government can regulate your conduct

Pruneyard “was possible because California's constitution contains an affirmative right of free speech which has been liberally construed by the Supreme Court of California, while the federal constitution's First Amendment contains only a negative command to Congress to not abridge the freedom of speech” [1].

[1] https://en.m.wikipedia.org/wiki/Pruneyard_Shopping_Center_v....

Re: The Supreme Court is about to decide the future of online speech

#15

Earlier quoted context omitted.

> The law really should make it clear that, illegal activity excluded, if you engage in any form of censorship you are not given section 230 protections. Say I run a forum for pet fish discussion. Would my removal of content derailing the discussion into a flatearther one constitute my loss of 230? What if only logged in members can see the content? It seems odd that we don't let private property operate as it wants.

Have a scale or a topic carveout. Your pet fish message board doesn't have the same social relevance as the twitters and facebooks of the world that are intended to be generic communications platforms. Despite what people like to claim, these sites are de facto public squares and should be treated as such. It's clear people resist this idea because they like the fact that these companies censor speech in the directio…

> Have a scale or a topic carveout

This (topic) is a sign your framework is flawed. Unless there is a fabulous reason to believe this is the sole legitimate carve-out.

Re: The Supreme Court is about to decide the future of online speech

#17

Earlier quoted context omitted.

> if you engage in any form of censorship you are not given section 230 protections. I disagree that governments should punish people who fail to amplify the messages of powerful political parties.

Selective amplification is editorialization when the decisions are content sensitive. It being algorithmic doesn't change the substance of this.

> Selective amplification is editorialization

Editorialisation as in the press?

Re: The Supreme Court is about to decide the future of online speech

#18
post #3
post #2

This is gonna be a weird ruling if it goes in favor of the states. If you run a public bulletin board tearing down fliers is absolutely a form of speech, and if you do it to people you disagree with it becomes political speech. I can't imagine even this court ruling that the government is allowed to regulate political speech. That would kick the door open to an easily constitutional broadly applied national hate spee…

> So the unintended consequence I expect will be that censoring people for their political views will be the only strongly protected moderation actions. That's entirely intended. Look at what happened during COVID, the race riots post George Floyd, the election in 2020 and 2024, etc. Social media platforms are defacto content curation websites and not "free speech zones" in the sense of a soapbox in a public park. It…

The entire purpose of section 230 was to protect platforms from being sued for censorship. You are talking about repealing it, not changing it.

Re: The Supreme Court is about to decide the future of online speech

#19

Ordering people to say things the government likes is compelled speech. The First Amendment broadly prohibits it and that broadly benefits us . It's in our interest to safeguard and preserve rights that protect our speech.

Is the content hosted on social media platforms considered to be the speech of the companies that own said platforms? If yes, wouldn't that undermine the case for their immunity from liability from that content?

Re: The Supreme Court is about to decide the future of online speech

#20

Earlier quoted context omitted.

Selective amplification is editorialization when the decisions are content sensitive. It being algorithmic doesn't change the substance of this.

> Selective amplification is editorialization Editorialisation as in the press?

Exactly like the press. The press that is held liable for what they publish.
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