Trump threatens to 'close' down social media platforms

I think this is going to be a discussion thread that is almost inevitably going to be a shitshow, but anyway:

There are people who advocate the idea that private companies should be compelled to distribute hate speech, dangerously factually incorrect information and harassment under the concept that free speech is should be applied universally rather than just to government. I don't agree, I think it's a vast over-reach and almost unachievable to have both perfect free speech on these platforms and actually run them as a viable business.

But let's lay that aside, those people who make the argument claim to be adhering to an even stronger dedication to free speech. Surely, it's clear here that having the actual head of the US government threatening to shut down private companies for how they choose to manage their platforms is a far more disturbing and direct threat against free speech even in the narrowest sense.

I think it's even more concerning than that.

Threatening to shut down private companies -- not for limiting speech, not for refusing to distribute speech -- but for exercising their own right to free speech alongside the free speech of others (in this case the president).

There is no right to unchallenged or un-responded-to speech, regardless of how you interpret the right to free speech.

Attaching a disclaimer to the speech of another though is not straightforward. Will they get into the business of fact checking everyone over certain number of followers? Will they do it impartially world-wide? How can they even be impartial world wide given the different contradictory points of view, valid from both sides? Cyprus? What’s the take there?

As they move into a “publisher” role, they will be liable in count.

You're wrong. Stop spreading misinformation.

> No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider" (47 U.S.C. § 230)

>You're wrong. Stop spreading misinformation.

Be a bit more tolerant of other people's point of view.

Anyway, I think you are misinterpreting the intention of that sentence. It basically means that, in principle, the behavior of being a "provider or user of an interactive computer service" does not imply that it is "the publisher or speaker of any information provided [...]". But that does not exempt them from potentially being the actual publisher, and all the rights/obligations that go with it.

Trivial example: Someone publishing its work on the web (hence becoming a "user of an interactive computer service") does not imply that they lose copyright; even though they "shall [not] be treated as the publisher or speaker of any information provided [...]".

Again, IANAL, but I read a lot of copyright, safe harbor law, DCMAs, etc... and it goes like that.

> Be a bit more tolerant of other people's point of view.

Why would I tolerate a blatant falsehood?

> that does not exempt them from being the actual publisher, and all the rights/obligations that go with it.

With respect, you're totally misinformed. Social media websites do not fall under any kind of "publisher" obligation, this is a totally made up meme that people spread online.

Now, if you want to argue that we should change the laws so that these websites would fall under some kind of publisher obligations, I would disagree, but that would at least allow room for "tolerance of other people's point of view". However, in terms of the actual law you and the parent are unequivocally incorrect.

>Social media websites do not fall under any kind of "publisher" obligation

No one said they did. But also Section 230 does not imply that they're exempt of that, in the case they become such a thing. And remember that those rights/obligations are acquired the moment they are exercised.

Consider the following:

Twitter (the platform), on its official twitter account (on their own platform) decides to publish something which has legal repercussions. Are they exempt of them because of that statement on Section 230? No, not at all.

To use a different example, somebody today used the New York Times web site: Section 230 gives them immunity for anything posted by randos in the comments to their articles, where they operate as a platform.

Section 230 does NOT give the NYT immunity for anything in the articles themselves, where they operate as a publisher. However, absent S. 230 protection, those articles and their publisher still enjoy regular First Amendment protection, which is quite strong. In particular, there are nearly insurmountable obstacles for a public figure to win a defamation lawsuit in the US.

> Section 230 gives them immunity for anything posted by randos in the comments to their articles

You're aware that comments on NYT articles are also human-moderated, yes?