Launch a small website and commit a felony in 7 states and 13 countries.
I wouldn't have known about the Mississippi bill unless I'd read this. How are we have to know?
Launch a small website and commit a felony in 7 states and 13 countries.
I wouldn't have known about the Mississippi bill unless I'd read this. How are we have to know?
I suppose this is what confused me then, as it seemed obvious that e.g. the Facebook reccomendation algorithm isn't speech, so if a social media site would be considered speech it would be due to the user content. Section 230 doesn't in any way supercede the constitution, but it does clarify which party is doing the speech and thus where the first ammendment would apply.
* The First Amendment generally prohibits the government from enacting any laws or regulations that limit speech based on its content (anything you might reasonably call "moderation" would definitely fall into this category!).
* Private companies are not the government. Social media networks are therefore not obligated to follow the First Amendment. (Although there is a decent argument that Trump's social media network is a state actor here and is therefore constitutionally unable to, say, ban anybody from the network.)
* Recommendation algorithms of social media networks are protected speech of those companies. The government cannot generally enact a law that regulate these algorithms, and several courts have already struck down laws that attempted to do so.
* §230 means that user-generated speech is not treated as speech of these companies. This prevents you from winning a suit against them for hosting speech you think injures you (think things like defamation).
* §230 also eliminates the liability of these companies for their moderation or lack thereof.
There remains the interesting question as to whether or not companies can be held liable via their own speech that occurs as a result of the recommendation algorithms of user-generated content. This is somewhat difficult to see litigated because it seems everybody who tries to do a challenge case here instead tries to argue that §230 in its entirety is somehow wrong, and the court rather bluntly telling them that they're only interested in the narrow question doesn't seem to be able to get them to change tactics. (See e.g. the recent SCOTUS case which was thrown out essentially for this reason rather than deciding the question).