Supreme Court to Hear Social Media Cases on Online Speech (user search)
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  Supreme Court to Hear Social Media Cases on Online Speech (search mode)
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Author Topic: Supreme Court to Hear Social Media Cases on Online Speech  (Read 3408 times)
Torie
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Atlas Legend
*****
Posts: 46,057
Ukraine


Political Matrix
E: -3.48, S: -4.70

« on: January 20, 2023, 10:00:50 AM »

Under the SCOTUS Tanner decision (which I argued in moot court in law school and won an award that you very much for my brief in favor of the mall), malls can ban speech in their hallowed halls, so I don't know what the 5th circuit is talking about, and don't want to read the decision. NJ went the opposite route under its state constitution. State constitutions with feel good clauses like freedom and equality and the right to happiness and self actualization and satisfying sex are a bane.
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Torie
Moderators
Atlas Legend
*****
Posts: 46,057
Ukraine


Political Matrix
E: -3.48, S: -4.70

« Reply #1 on: January 22, 2023, 07:19:17 PM »
« Edited: January 22, 2023, 07:23:34 PM by Torie »

I don't see how making social media platforms liable for what others put on them, absent perhaps specific and adequate notice in specific instances, would allow such platforms to continue to exist as an economic matter.

I endorse Vosem's take on Tanner, and indeed made that very distinction with the company town in moot court (the moot court was before SCOTUS came down with its decision).

With social media censorship, the issue is that there are a lot of platforms out there, so there is an "outside" vis a vis a given social platform - another social platform.

Atlas censors speech.
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Torie
Moderators
Atlas Legend
*****
Posts: 46,057
Ukraine


Political Matrix
E: -3.48, S: -4.70

« Reply #2 on: January 22, 2023, 07:50:38 PM »

I don't see how making social media platforms liable for what others put on them, absent perhaps specific and adequate notice in specific instances, would allow such platforms to continue to exist as an economic matter.

I don't think this is what the case is about. You could have a system where social media companies are neither liable for what others put on them nor empowered to remove offensive content (probably with carve-outs for obscenity/spam/"imminent lawless action" and other standard carve-outs, since the controversy here is primarily about political speech), absent a court order.

It is possible -- and actually, kind of likely -- that a 'conservative' victory on this question would result in a greater fracturing of the Internet along national lines. The social media regulations that Texas has introduced are simply contradictory to pan-European rules; it would not be possible for a website to follow both sets. If the US as a whole adopted Texas-style rules -- and it seems plausible if not likely that this will happen by judicial fiat -- then you would either see one side's rules ignored, or the emergence of parallel social media systems in the United States and Europe. My guess here is that the American rules would win purely because so much of the discussion on social media, even in other countries, is often about American issues, but I don't have a high level of confidence about this.

I really have no idea what the case is about per se, but if there are a lot of social platforms, I don't see the problem with their controlling what is on them that could fairly be called censorship. That was the rationale with cable TV, that killed off the fairness doctrine.
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Torie
Moderators
Atlas Legend
*****
Posts: 46,057
Ukraine


Political Matrix
E: -3.48, S: -4.70

« Reply #3 on: January 22, 2023, 08:15:30 PM »

I am surprised such platforms are a functional natural monopoly. I wonder why that is. I do fine without them at all.
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