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The problem with Twitter and Facebook is that the lines are getting blurry with regards to public vs private. Like it or not, a couple tech platforms are the de facto new town squares. Not saying I have any answers, just saying it's definitely not a clear issue anymore.


Seems like having the president attack Twitter for their speech (adding extra speech that suggests that some shared information is disputed) is the actual violation of Free Speech. The First Amendment says that the federal government can't stifle free speech, which seems like what is happening here.


That's exactly it. Twitter disseminated the president's words as he wrote them to everyone that wanted to see it. They also said it was wrong.

Fundamentally the whole exercise is an attempt to conflate Twitters (first amendment!) right to speak its own opinions with somehow "restricting" the rights of their subscribers. And that's insane. Just look at how many people in this very thread are buying into the frame by discussing what big companies should be allowed to censor, when of course nothing of the sort occurred at all.


It would be different (and fine) if Twitter replied to his tweets with their rejoinders, posting on a level playing field with everyone else. They didn't do that. They abused their position as controllers of the site to insert their opinion into his posts.

Twitter stepped beyond the bounds of being a neutral platform with moderation. They took up the mantle of editor and began editing people's posts. This should disqualify their safe harbour protections under the Communications Decency Act. This has nothing to do with the first amendment.


Um... can you cite the explanation of why the safe harbor provisions of the CDA are conditioned on being a neutral platform? That's not how I understand the law.

You're stretching. Twitter did a fact check on the president and he can't handle it, so he's trying to harm the company using the levers of government. And that is ALL that is happening.

The legalese that you're misunderstanding is just cover. And the proof is that no one wants Twitter to be liable for the speech of its posters, because if they were then Trump (who literally just days ago falsely accused a guy of murder on that very platform) would be thrown off instantly.


No. What we don’t want is for Twitter to have their cake and eat it too. That is, to enjoy all of the privileges of being a publisher (editing posts and saying whatever they want) while upholding none of the responsibilities that eg. newspapers and magazines have to uphold.

If Twitter wants to be a communications service (a la Comcast) protected by safe harbour then they need to act like one. That means if they really can’t stand what Trump tweets then they should ban him, just as Comcast would stop carrying a cable channel it no longer wanted to carry.

These social media companies are incredibly powerful and they need to be reined in. It’s as simple as that. This executive order will soon wind up before the courts and that’s where it should be decided.


> Twitter [...] editing posts and saying whatever they want

Dude. They fact-checked a tweet.


This is frequently brought up. Does Twitter want safe harbour? I don't think they need it and I haven't noticed them invoking it. Is that incorrect?


Sure they "want" safe harbor protections because it's better not to be sued. But no, they don't "need" it as a platform really. Lacking that, they'd just start banning folks more aggressively to protect themselves.

Which, of course, is exactly what the president's supporters don't want, given his reliance on the platform. I mean, Trump literally (literally!) baselessly accused Joe Scarborough of murder last week. What do we think is going to happen if Twitter genuinely thinks they might be liable for the president's libel?

The cynical goal, obviously, is just to "hurt" twitter in the abstract, by making them look like a risky investment, drive off advertisers, etc... And that's why this is so distressing: here we have the president of the united states using the executive branch to attack a company simply because he's angry with him and not out of any kind of principle at all.


Twitter is indeed censoring on ideological grounds, just not the president in that one particular instance. To say that Twitter isn’t restricting legal publishing of their users simply isn’t true.

I was quite surprised to find this EO rather cogent and fair and reasonable, and while I was poised to vehemently oppose it, having read it, I find myself in support of it. The arguments it makes are legitimate.


Twitter's first amendment rights would not be violated, if they were to be treated as a publisher.

This is not about forcing Twitter to do anything. It is instead about having them being treated as a publisher, if they act like one.


I don't know why people are downvoting this. If the president's "attack" counts as censorship then newspapers, writers, and all the rest of us posting here are subject to that same level of censorship.


Personally I think that Twitter inserting their own articles is overstepping their own role. Nobody goes there to view what Twitter writes, nobody goes there to care about Twitter opinions. Them doing this forfeits their status as a public square, now they are publishing their own editorialized content, and not as Tweets but as privileged inserts in others Tweets.


Where is a company limited to only one role? Can Facebook not publish a blog and be a platform?


No, not like this. This is like Google or Apple prioritizing their own pages and items in their searches.


Which they are legally allowed to do


Bedhead's point still stands in isolation from this week's bullshit, though.

Trump will be on to some other highly divisive circus act next week. The question of whether Twitter is a public square will persist.


The laws of America already provide a way to resolve that though. If one company is becoming too powerful and unfairly damaging competition because of it, anti-trust exists.

Arguably twitter isn’t even that powerful except that the president uses it as an official communications platform. Before this current administration, Twitter was circling the drain. It was an afterthought in modern social media. The president pretty much singlehandedly made twitter as important as they are today. If the president doesn’t like twitters TOS he could switch to Facebook and have an even greater reach than he does today. So it’s hard to argue that twitter is actually the problem, but if they are, the easy answer is stop using their platform and switch to a competitor.


Like it or not, a couple tech platforms are the de facto new town squares.

I'd agree, but de facto is not de jure. And if we're going to make them into public spaces legally, it's certainly not going to happen through an executive order. It would require an act of Congress, similar to the restrictions and obligations placed on broadcasters.


Except that SCOTUS has already at least flirted with the idea (see Packingham v. North Carolina, 2017). Also the executive order in question doesn't have anything to do with public spaces but rather Section 230 protections; the argument is that fact checking is a form of editorializing.


I think it is pretty clear that fact checking is a form of editorializing. It seems that Section 230 was being applied even if the intermediary was editorializing the content.


See also this HN discussion about a case[1], where a judge ruled that Trump can't block people on Twitter.

https://news.ycombinator.com/item?id=17135945

[1] Knight First Amendment Institute v. Trump, 17-cv-5205, U.S. District Court, Southern District of New York


It seems significant that Twitter wasn't a party to that case. People seem to be enthusiastically conflating it with some sort of ruling on what Twitter can or must do. I'm not sure if you are, but even bringing it up worries me.


Both Packingham and Knight involve government action to deny others access to social media. They don't involve any obligations of social media sites themselves to provide access.


By the same token though, as per the tweets assertion (I have not read the EO personally) it looks like a good chunk of the teeth of this bill is "preventing the government from advertising on a platform that doesn't X", not "creating legal consequences for a company that doesn't X", which is... Not at all the same.


They are in part the same, as the Supreme Court has ruled.

https://en.m.wikipedia.org/wiki/National_Minimum_Drinking_Ag...

As HN is fond of saying, judges are smart enough to see through attempts to hack the law.


And yet taking a person across state lines to kill them in a different jurisdiction is federal crime thanks to the interstate commerce clause.


"town squares" are not law.

Private property is sometimes public space, especially in Twitter's home of California. https://en.m.wikipedia.org/wiki/Pruneyard_Shopping_Center_v....


I agree that at least ultimately Congress and/or the courts need to consider the larger issue. Trump isn't demanding a retraction of a single comment, because the fact check itself isn't the problem. It's a symptom. It's just a "straw that broke the camel's back". People who insist on analyzing the straw rather than the whole load are not discussing the real issue.

The real issue is the extent to which Big Tech platforms can tilt a playing field that a billion people play on. Whether tilting the field to favor their own products, as the EU courts ruled, or their own political preferences or whatever else they want, heaven help you if you are playing against their favored team and have to play on their field. Death by a thousand bad ref calls.

Big Tech is big because of the network effects on the internet, meaning that for many things you want to do, there are lots of choices in theory but just one in practice. They own the whole league. You play on their tilted field or you "can always go start your own" league and play alone. (Google started their own FaceBook. Microsoft started their own phone OS. Now you go start your own Twitter.)

Congress and the courts need to look at these massive network-effects platforms that are claiming the rights of players and non-players and the responsibilities of neither.


>>Like it or not, a couple tech platforms are the de facto new town squares.

>I'd agree, but de facto is not de jure.

In 2018 there was a decision of a district court[1], subsequently reaffirmed by the Courts of Appeal, that the President's twitter account is a "designated public forum". This was widely reported due to it's "Trump cannot block other users" aspect, but might have interesting bearing here.

--

[1] https://en.wikipedia.org/wiki/Knight_First_Amendment_Institu...


It's disturbing to me that people have picked this up and are running with it as saying something about Twitter and its rights or responsibilities. It appears to me that was simply about the rights and responsibilities of public officials whatever (private) means they use to communicate.

From the previous thread:

"Just because Twitter allows people to block stuff, doesn't mean Trump gets to block stuff.

In a "normal" government, they'd pick a vendor with software that would let them make official policy statements in a way that complied with the laws around people having the right to reach out to their government officials.

Just 'cause twitter's software lets him do something doesn't make actually doing that thing legal, moral, or ethical.

This judgement makes perfect sense and is completely reasonable when you remember that technology is a mere tool designed to serve humans. Just cause you can do something in a tool doesn't make it right."


This is a valid argument, but it seems like the proper government response would be to use the tools that were designed to address issues like this such as antitrust law. We shouldn't be bestowing governmental responsibilities on these companies just because we let them become monopolies.


The legislation (Communications Decency Act of 1996) under discussion flows from EFFECTIVE lobbying by telecom monopolies seeking a liability shield [0].

Monopoly power and market manipulation is a second order issue.

[0]https://en.wikipedia.org/wiki/Communications_Decency_Act


I legitimately don't understand your point here. You seem to be implying that this specific legislation is a form of regulatory capture. Meanwhile nothing in the Wikipedia article you linked seems to support that. It even notes that groups like the ACLU are strongly in support of Sec 230. I don't think the ACLU normally does the bidding of big telecom.

Either way, if the root cause is telecom monopolies, let's actually try to fix monopolies rather creating a new category of private company that becomes a public good through its monopoly.


My point is that an anti-trust lens isn't adequate if legislation keeps getting passed that rolls back regulation [0] and promotes formation of trusts.

The CDA and §230 was part of the broader Telecommunications Act of 1996. Look at the outcome, which sure seems like "regulatory capture" to me:

> Before the 1996 Act was passed, the largest four [Incumbent Local Exchange Carriers] owned less than half of all the lines in the country while, five years later, the largest four local telephone companies owned about 85% of all the lines in the country.

It's also possible that the ACLU's interests will conveniently align with a subset of interests for third parties when the third party's liability is reduced.

[0] https://en.wikipedia.org/wiki/Telecommunications_Act_of_1996...


But the current discussion is specifically about this one small aspect of that overall bill. Whether the overall bill is regulatory capture or not is irrelevant to the discussion of the merits of this specific section.


I appreciate your nuance.

I'm skeptical about claims that the overall bill (i.e. de-regulation) and §230 (i.e. liability shields) weren't intertwined.

My lay understanding is that §230 came about because (i) telecom providers and ISPs were getting sued for trafficking third-party content; and (ii) they started running to pro-business legislators for protection.[0]

Again, my initial reaction was to the claim that the anti-trust controls would be effective in order to police things. That seems like a last resort; and requires first UNWINDING a lot of other legislation that appears to shield the formation of trusts.

[0] https://en.wikipedia.org/wiki/Section_230_of_the_Communicati...


Thats true it’s becoming unclear, but only sociologically.

Legally, it doesn’t matter if people think of Twitter as a public space. No amount of perception turns twitter into a governmental organization or subjects it to laws that only pertain to the government.

This case is even further from the first amendment because Twitter didn’t prevent any speech. It just exercised its own right to free speech alongside the president’s free speech.

Nobody has the right to uncontested or un-responded-to speech.


Furthermore (IANAL) there's a long history of conflict around the boundaries of private vs. public. "Private" clubs (as with companies) are subject to civil rights and other equal protection legislation (sometimes) for example in a way that your outdoor BBQ isn't.


Someone that spends too much time at the bar might mistake that for the town square, as might someone who spends too much time on Twitter.

The more foolish aspect of this is that the President doesn’t have a direct means of striking back against what Twitter actually did (post a Get the Facts link), so he’s trying to punish them by reinterpreting Section 230. This EO definitely has some teeth, but there are provisions in it that I can’t wait to see in court.


Is he reinterpreting 230? I've seen both sides of the spectrum say that social media companies have been interpreting 230 too broadly


Yes.[1] Section 230 is not a new law, but this order is directing his Administration how they are to interpret certain provisions of it going forward with some actions they are to take. It’s important to remember that an Executive Order is not law by decree, it is an official government communication directing the government how to act under the law, as is the President’s prerogative. No matter how you come down on the issue of how social media companies interpret Section 230, a new EO is effectively a new interpretation either narrowing, expanding or changing the scope under which enforcement action is to be taken by the government.

[1] https://www.whitehouse.gov/presidential-actions/executive-or...


He's continuing a push from Republicans to reframe section 230 immunity as only applying to "neutral" platforms [1]. The problem is this then gives the government a big stick to control them on relatively subjective grounds.

[1] https://en.wikipedia.org/wiki/Section_230_of_the_Communicati...


Now I'm curious what the historical precedent is for this. What happens (first-amendment-wise) when a company town has a literal private-property town square? Could the company control speech in "its" town square?

For that matter: what about malls? Or university campuses? Or public transit infrastructure provided by private government contractors? What are your free-speech rights when in one of these (privately-owned, public use) places?

I feel like a very extreme edge-case situation could be constructed to test the law here: incorporate a town; and then, as your first act as mayor, sell the whole of the town's incorporated territory to a private corporation. Have the corporation declare that anyone engaging in democratic actions on "its property" (e.g. holding a municipal election) is trespassing. Are you now the town's autocratic mayor-for-life, however-many people may move in?


This (almost) exact scenario played out in Marsh v. Alabama (https://en.wikipedia.org/wiki/Marsh_v._Alabama). If the town is, for all intents and purposes, acting like a traditional town, and with the public having access to it, first amendment rights hold.

Also, worth reading up on Manhattan Community Access Corp. v. Halleck (https://en.wikipedia.org/wiki/Manhattan_Community_Access_Cor...)


I remember reading that there's some precedent for those kinds of workarounds, and courts have ruled that, when you start looking like a government, then the First Amendment applies, and it came up when the Domino's Pizza owners tried to do exactly that, but I don't know where to look to substantiate that, though someone else might.


In the University of California system they set up "free speech zones" for protestors and activists. They're often complete surrounded by chain link fencing with one entrance/exit.


That's a way to avoid having to test the law, certainly. What happens if you don't do that, though—if you have a public-use area, and none of it is a "free-speech zone"?


> What happens (first-amendment-wise) when a company town has a literal private-property town square? Could the company control speech in "its" town square?

Thankfully, we don’t need to imagine what happens: the Disney Corporation has a modern company town (Celebration, FL)[0]; they control a pair of HOAs (one each for residential and non-residential owners). Lexin Capital manages the literal town square, and while I can’t find anything on the topic, I would imagine standard private property rights would apply to the land they own.

[0]: https://celebration.fl.us/celebration-community-governance/


The first amendment only protects from limits placed by the government, not if it’s a public or private setting.


[flagged]


That's odd, I don't recall arguing for nationalization of Twitter, nor do I recall planting a "conservative" flag. People see what they want to see I guess...


[flagged]


The comment was talking about there being a blurred line in how these companies exist in our world today. Not arguing for cake based discrimination. If Twitter and co are in novel ethical territory, it's worth questioning if we need new a new paradigm.


I would inverse your last statement: conservatives are in favor of deregulation when it benefits them. and regulate stuff also when it benefits them.


I would replace "conservatives" with "people in general" and remind everyone that this is why protecting personal freedoms, even ones you don't like, is of the utmost importance.


[flagged]


Adding fact checking is not censorship. You have the right to say whatever you like, and everyone else has the right to have opinions about it.


What about shadow banning, deleting content and expelling users for otherwise legal speech?


> The Free Speech Clause of the First Amendment constrains governmental actors and protects private actors. To draw the line between governmental and private, this Court applies what is known as the state-action doctrine. Under that doctrine, as relevant here, a private entity may be considered a state actor when it exercises a function “traditionally exclusively reserved to the State.” Jackson v. Metropolitan Edison Co., 419 U. S. 345, 352 (1974). [0]

[0] https://www.supremecourt.gov/opinions/18pdf/17-1702_h315.pdf


Are you sure you are dealing with the same issue?

Twitter didn't restrict Trump's tweet. It added their own speech (and not masqueraded as Trump).

Follow me here:

Citizen United says that corporations have the same free speech rights as individuals, thus allowing them to exercise their "speech" by dumping tons of dark money into politics.

Twitter exercised free speech by publishing something on their own platform.

The government is now trying to limit Twitter's right to free speech as has been upheld by the Supreme Court.

This is a Trump tantrum.


This is not a Trump tantrum. The issues are real. As we speak, courts across the country are using Zoom for hearings.

Would there be any legal impediment to Zoom automatically inserting a caption on YOUR video feed that says "jwalgenbach is a liar"?

If you were to complain, would we be justified in saying "it's just another jwaldenbach tantrum..."

Would it be right to simply say, "if jwaldenbach doesn't like Zoom's polices, he doesn't have to use it"?

What is Western Union added a 'fact check' to your telegrams? What if Google inserts a 'fact check' in your emails?

These issues are not trivial, and viewing them through a partisan lens is naive and immature.


> Would it be right to simply say, "if jwaldenbach doesn't like Zoom's polices, he doesn't have to use it"?

Yes.

> What is Western Union added a 'fact check' to your telegrams?

Don't use Western Union

> What if Google inserts a 'fact check' in your emails?

Don't use Google?

You don't have to use Zoom, you don't have to use Western Union, if you don't like their policies don't use their products.

Trump uses Twitter because he likes it but it's twitters own site! If they want to put 'Trump is a big orange fat dumb loser' under every one of his tweets they can, if they want they can turn it into the 'we love dogs!' site tomorrow, just replace the whole website with pictures of dogs they can. It would kill the company, but they can do it if they want.

I have no idea where this idea that Trump is being forced to use twitter and they're manipulating his free speech on someone elses website is coming from.


Your answers were expected, but I mentioned Zoom for a specific reason...

Currently, many judicial hearings are being conducted using Zoom. You can literally be ORDERED to appear for a hearing using Zoom.

In this situation, what would you make of Zoom inserting that tag line? Does it change your analysis?

If yes, why? It's still a private company. Does the fact that the government is requiring you to use is restrict what the private company may or may not do?

There are two sides to the "if you don't like it, don't use it" argument. You are focusing only on one side; namely, if the consumer doesn't like it, he need not use it.

The Zoom example might open your eyes to the other side; namely, if a private company chooses to offer a service to the government, it needs to abide by certain restrictions... and, if it doesn't like it, it need not provide that service.

In the Zoom example, if Zoom insists on putting the tag on your video during hearings, a reasonable response would be to turn to Zoom -- and not you -- and say, "If you aren't willing to curtail your 1st Am. rights a bit, Zoom, then don't provide the service to the Court... the choice is yours."

If Twitter is hosting government officials and agencies -- in their official capacity -- there are certain restrictions it muse abide by; namely, not modifying, editorializing, or shadow-banning their posts. If Twitter doesn't like this restriction, it can choose not to host that government official or agency.


Your logic is flawed and entirely unconvincing.

> In this situation, what would you make of Zoom inserting that tag line? Does it change your analysis?

It would be counter to the contractual agreements and policies that Zoom has set up. Twitter has no such obligations.

> The Zoom example might open your eyes to the other side; namely, if a private company chooses to offer a service to the government, it needs to abide by certain restrictions... and, if it doesn't like it, it need not provide that service.

The company is responsible for operating according to the terms that both it and its users agree to, and the law. That is it.

> If Twitter is hosting government officials and agencies -- in their official capacity -- there are certain restrictions it muse abide by; namely, not modifying, editorializing, or shadow-banning their posts. If Twitter doesn't like this restriction, it can choose not to host that government official or agency.

Twitter's only mistake is not reprimanding the racist hate-mongers like Trump for the policies it supposedly has. Any regular user or lesser public figure would have (and has) been banned if they tweeted the things he does.

If Twitter has agreements with these users, stating that they are immune from all of Twitter's posted rules, then sure your argument has footing. Otherwise, you don't get to hijack a platform with your own rules and because you happen to work for the government and open a free account there.


Do you even know what “free speech” means?


Free speech as an idea doesn't just apply to the government, it is just that we only enforce free speech on the government. The ideal of free speech and its merits applies just as well to private actors and we should try to live up to it whenever we can. If you think that companies should be able to use their power and influence to suppress the speech of individuals then I would say that you are more authoritarian than liberal.


I'm so baffled by this because there are plenty of places where speech is suppressed and its fine. A highschool teacher can fail a student for shouting answers in an exam. A person can kick someone out of their house for saying horrible things. A cafe can ask someone to leave for saying slurs. A professor can ask a student to leave a lecture hall for talking...

The right to speech is curtailed all the time in private... We even teach it to our kids, such as raising one's hand, or waiting their turn.


You are misunderstanding free speech, it isn't a literal statement. Free speech is about being allowed to express ideas, not disrupting classrooms or harassing others. If you are allowed to express your idea after waiting for your turn, then your speech wasn't suppressed even if people told you to be quiet for a while.


"The ideal of free speech and its merits applies just as well to private actors and we should try to live up to it whenever we can."

What exactly does this mean if it doesn't apply to actively telling people when and where they can speak?


It is fine to police disruptions, but you shouldn't police ideas. If all conservatives are told to wait for their turns while it is fine for liberals to just blurt things out then it isn't free speech. However if everyone is forced to wait and a conservative gets banned for talking out of turn then it is still free speech, he got banned for disrupting and not for his message.

It is hard/impossible to create laws around it since it is hard to formally define, but often it is obvious when it is infringed in practice just that we can't litigate it.


This seems like a strawman - no one is getting banned from social media for having polite disagreements on foreign policy or income tax rates.


You haven’t been to imgur have you? Some sites have a point system and if your “social score” is too low you most definitely can get banned. There’s generally more left leaning people than right leaning people on some platforms, and when someone disagrees with someone else but otherwise can’t refute their statements they hit downvote. Enough of this and you get a ban.


You took my comment too literally - of course there are people who've been banned somewhere online for having opinions another human disagreed with. My point was that no large social media platform has a policy of banning people for civilized political disagreements.


Ok so what do we do about the first part of banning people for having a different opinion when they were otherwise civilized? A social media site having a policy that directly states “if you disagree with my statements i’ll ban you” is clearly not an issue nor is even worth discussing. I can’t really see how this is taking your comment too literally.


Some site are like that, plus talking about the voting system is against the rules, and even if you get plenty of upvotes, you can still be throttled or banned by a moderator.


Or maybe we think that giving the government the power to tell private companies which speech they must allow is more authoritarian than letting the companies decide for themselves. Whenever there are tricky balancing questions like this, I always err on the side of the party that doesn't have a monopoly on violence.


Extending free speech laws to cover companies which acts as public forums is not the same as the government telling companies what they are allowed to say and do. If you think that free speech laws are fine for governments then you should also think it is fine for certain companies which grew too powerful and influential.


How do you think those laws will be enforced, if not the government telling companies "you must allow this defamatory and/or untrue content on your servers"? Facebook and Twitter can't censor me, because I am not a customer of either company, and neither has a law enforcement wing. The government, on the other hand, has unlimited firepower and I have no choice whether to "do business" with it. So yes, I will absolutely apply different standards to each.


Why is it up to the company to decide what is defamatory or untrue? If you read the rebuttal twitter posted on his tweet you’ll see it boils down to “no evidence”. This doesn’t mean his claims are not true, it means there’s no evidence they are. These are very different concepts. So now twitter is running around saying it’s untrue when legally it hasn’t been proven untrue. They should instead take a hands off approach and let people think, read and decide for themselves.


I personally feel much freer to think for myself if government officials can't force private companies to carry their personal content. Of course it's highly unlikely that Twitter fact-checking the president will make any difference - everyone who's been paying attention made up their minds about the guy years ago - but if Trump is really so triggered by it, he is of course free to post his thoughts elsewhere. It's awfully telling that he immediately decided to involve federal regulators, although I suspect this will be just as effective as the fact-checking.


Trumps EO today did not and will not force companies to carry government content. Instead it removes protections for them if the limit access to things not specifically protected in the Communications Decency Act.

The rest of it you’re welcome to your opinions and interpretation of events. There is, however, quite a bit of people that agree with him.


This is just disingenuous. The message here is unambiguously "carry our content unedited or you become legally liable for everything posted on your site." Don't pretend that the decision of whose content is "protected" isn't going to be 100% subjective and partisan depending on who appointed the federal regulators. Or do you really think Trump's FCC or FTC (or whichever agency he imagines will enforce his new EO) is going to leap to the defense of, say, an Ilhan Omar tweet?


This is absolutely not disingenuous, this is reading the EO exactly as written without putting a bias on it. It very clearly states that removing things not specifically protected in the Act do not grant you the protections provided by the act. What’s disingenuous is trying to put a personal bias on this and trying to convince others this is true.


Context is bias now? Are we supposed to pretend this document appeared out of thin air, and can only be interpreted in an ultra-literal fashion, regardless of the goals it represents and the way it will be interpreted in the real world?


Well the original law is from 1996. And read the document before making any other comments because it’s clear you haven’t yet read it. It reasserts what is allowed under an existing law from 1996


This is what is allowed under Section 230: "any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected." The EO isn't reasserting anything, it's fundamentally changing the conditions.

The fact that Trump even admitted on camera that he'd shut Twitter down entirely if he could find a legal route for it kind of gives away the game.


This text is in the original law so how is this changing anything?

His choice of words is usually unfortunate, but the problem he’s pointing out does exist.

How does it look when the Twitter execs are known to lean left, post publicly their hatred for the president then take actions within their control to force their point on others?


Nothing is being forced on anyone. If Trump is unhappy with their fact-checking, he can take his business elsewhere. Or start his own microblog service, since he supposedly has so much money.

It just blows my mind that I used to have nearly identical arguments with left-wingers.


I don’t agree with this mentality of taking it elsewhere. Essentially what you’re saying here is we should segregate social media based on political viewpoints. This, I feel, is a very dangerous precedent to set. Regardless of what side you’re on do you want to live in an echo chamber?

As for forcing, agree to disagree then. Putting the link on a tweet and then linking to essentially an opinion piece is the definition of fake news. Ignoring the link meaning potentially missing an actual valid point. Ignorance is also dangerous. Why can’t they just take Facebooks stance and stay out of it entirely?


> Putting the link on a tweet and then linking to essentially an opinion piece is the definition of fake news.

What is wrong with you? That's not even close to the definition.


So then what would you call an opinion piece being touted as truth? And please no personal insult or insulations that “something is wrong” with me, you people still arguing a clearly valid point have destroyed my HN reputation with all the downvotes as it is.


What if, instead of trying to bully Twitter to not post fact checking links for Trump's tweet, we instead ask them to do so fairly for both sides of the political spectrum? I'm pretty sure there are lots of factually false left-wing statements that could make use of the fact checking feature.

That is the only issue here that I could see as being partisan, it's not about adding fact checking links, it's about doing so regardless of the political affiliation of the poster. I wish there was a lot more fact checking added to most statements on Twitter.


What are you talking about? Trump is the one going after Twitter's right to free speech with this executive order. Liberals (and probably, hopefully, and if so, rightly, some conservatives) are the ones arguing for free speech right now.


No, this EO is so the Pres can say whatever, on Social and not have his "free speech" checked.

Both parties still have free speech w/o this EO.

Pres can say whatever (free speech) and Twitter can attach a flag (free-speech).

A challenge to your speech is not restricting your speech.


Exactly. Politics is the mind killer. Would they have the same opinion if Twitter was a right-leaning Trump-mouthpiece that was disproportionately quelling left-leaning voices? Take a step back and recognise you can agree with Trump's action and not necessarily admire the man.


We don't have to speak in hypotheticals here. There are plenty of examples: voat, gab, TD, etc. What laws are/were being pushed by liberal politicians to use the force of law to shut them up?

Please do link to government documents or quotes from elected officials.


It’s not a question of laws used, more psychological factors. Some people seeing those statements made by twitter may believe them blindly. We need people reading into important topics like this and forming opinions without being bated. Part of the problem you’ll also see in this thread. The downvotes here set the tone for the comment the viewer is about to read. Why is it’s view changed at all? Nothing this commenter said was offensive yet on some sites their comment would be hidden entirely.


What statement was made by Twitter that could be followed blindly? All I saw was "Get the facts about mail in ballots".

You can only infer a bias on that based on your own preconceived notion about Twitter's biases. A completely ignorant and unbiased individual may just as likely think "Twitter wants to show me why Trump is right" as they are to think "Twitter wants to show me why Trump is wrong".

If you really want to have people

> reading into important topics like this and forming opinions without being bated (sic)

then you should be all for this kind of neutrally positioned link to more information. I'm certainly open to entertaining alternatives, though.


The existence of the link in the first place. You have to be pretty far removed from reality to not know Twitter execs have a left lean to their bias. So the a completely unbiased person will notice that only some tweets show this link and could build a bias based on other psychological factors, such as wanting acceptance from a seemingly majority of peers.

I am for neutrality. I’m also a realist. IFF they could pull this off universally, in that all tweets are subject to these same fact checks, then I’m all for it. Removing personal biases of the person doing the fact checks will be a challenge but we can achieve this through multiple fact checkers with specific biases. Like the bulls and bears statements you find with stocks. But we cannot achieve this, we lack both the peoplepower and technology given Twitters scale. Short of it being universally applied to all accounts it can’t meet the definition of neutral. Therefor, don’t do it at all. Instead someone else using Twitter can reply to his tweets with the fact check. This keeps Twitters hands and potential biases entirely out of a very complicated topic.


> You have to be pretty far removed from reality to not know Twitter execs have a left lean to their bias.

Is that why they only remove nazis if you set your location to germany? That's bias to the... left?


I mean are you really trying to argue the Twitter execs are right leaning?


I don't know about what they do in their personal lives, but the actions I've seen applied to the site itself don't seem to be left leaning.


Well, they have posted many times on their position on Trump, which is a left leaning position. Then, rather quickly they throw this fact check on one of his tweets. Regardless of what their actual intents were the actions to me look a bit shady. Especially since the fact check comes down to “no evidence”, which is completely different then proven false.


If tech companies instead shut down people clamoring for unions and worker rights then you'd see the left rushing to introduce measures like the one signed by Donald Trump right now. So this is really a bipartisan issue and not just a right wing one, we should all work together to regulate the power of big tech. They might be mostly well-intentioned today, but it is best we regulate them before they have a chance to turn bad.


What about those of us who do not identify as "left" or "right" and would prefer that both gangs leave the Internet alone?


Tech companies are way too powerful to be left alone. With great power comes great regulations, as they say.


That's an entirely subjective opinion - and one that should ideally be left up to voters and/or their elected representatives, not to any single individual (like our president, or unelected bureaucrats in the FTC/FCC/etc.). And I continue to maintain that it's insanity to be terrified of Twitter's power when the government can order any one of us killed or locked up indefinitely and there are zero consequences when they screw up.


> down people clamoring for unions and worker rights

If those people are lying egregiously to do it then, sure, shut them down too.


Start by repealing the Citizens United ruling. If corporations can't have free speech, then this isn't an issue.


Does Gab silence liberal views? Bans, shadow-bans liberal accounts? Puts "fact checking" marks on their posts? If they do, then liberal politicians are more than welcome to take action.


230 seems to only be considered too broadly interpreted when it's helping their side out ️. Definite double standards here like no other




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