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Thread: Federal appeals court upholds controversial Texas social media law ...

  1. #121
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    Quote Originally Posted by Newpublius View Post
    But this forum has what? 100 users maybe. Its clearly distinguishable on that basis alone.
    It is distinguishable now, but what about a few years from now? Besides, targeting these providers based on size is simply arbitrary. Laws of this nature that tell business what they can't do on their premises are not really any different than laws telling business what they must do and if they can reach in to private enterprise, why not your home?
    In quoting my post, you affirm and agree that you have not been goaded, provoked, emotionally manipulated or otherwise coerced into responding.



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  2. #122

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    Quote Originally Posted by Newpublius View Post
    But this forum has what? 100 users maybe. Its clearly distinguishable on that basis alone.
    There are currently 299 users online. 36 members and 263 guests
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    Quote Originally Posted by Dr. Who View Post
    Having outlets for most kinds of speech is better than having no outlets for any kind of speech. These platforms are businesses that rely on paid advertising to exist. Scare off the advertising and the platforms close down. Do you enjoy Pyrrhic victories?
    In the case of Facebook and Twitter it is not the advertisers that objected. Twitter was actually much healthier and making much higher advertising revenues when Trump belonged. When they dropped Trump they fell right back down to lower advertising revenues and started losing money again.

    Facebook can blame TikTok, but they also lost a great deal of volume that attracts advertisers.
    Let's go Brandon !!!

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    Quote Originally Posted by carolina73 View Post
    In the case of Facebook and Twitter it is not the advertisers that objected. Twitter was actually much healthier and making much higher advertising revenues when Trump belonged. When they dropped Trump they fell right back down to lower advertising revenues and started losing money again.

    Facebook can blame TikTok, but they also lost a great deal of volume that attracts advertisers.
    The problem is that the same law that would stop these platforms from censoring DJT would also stop them from censoring the KKK. I don't think that advertisers would be too happy keeping company with the likes of the KKK or other supremacist organization because the association wouldn't be good for their business.
    In quoting my post, you affirm and agree that you have not been goaded, provoked, emotionally manipulated or otherwise coerced into responding.



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    Quote Originally Posted by Dr. Who View Post
    The problem is that the same law that would stop these platforms from censoring DJT would also stop them from censoring the KKK. I don't think that advertisers would be too happy keeping company with the likes of the KKK or other supremacist organization because the association wouldn't be good for their business.
    Who cares? We have nothing to fear from robust speech. I routinely fight with the anti-Semites on Gab. No one is harmed by it.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    Quote Originally Posted by Dr. Who View Post
    It is distinguishable now, but what about a few years from now? Besides, targeting these providers based on size is simply arbitrary.
    But we did this already with respect to the industrial age. Again once a company becomes a 'major artery commerce' -- I don't need to define that with specificity on a message board, we have legislatures, judges and juries and the experience from the industrial age to guide us.

    This isn't 'new' really. The concept and principles underpinning 'common carrier' have existed for decades.
    Last edited by Newpublius; 09-19-2022 at 02:31 PM.

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    Quote Originally Posted by Newpublius View Post
    Which is a bit interesting inasmuch as these social media platforms have STATUTORY immunity for 3rd party content based in part on the supposed impracticality of censoring the content and yet the whole rub is their obvious ability to moderate/censor the content!
    Well I find the Platform's reasoning altogether lacking on this. How they get out of protection of free speech a right to censor is nearly as odd as Roe's find in the right to protect private property a right to kill the unborn.

    Another aspect of their unreasonable position is highlighted in the beginning of Fifth Circuit Court of Appeals' ruling: "What’s worse, the platforms argue that a business can acquire a dominant market position by holding itself out as open to everyone—as Twitter did in championing itself as “the free speech wing of the free speech party.” Blue Br. at 6 & n.4. Then, having cemented itself as the monopolist of “the modern public square,” Packingham v. North Carolina, 137 S. Ct. 1730, 1737 (2017), Twitter unapologetically argues that it could turn around and ban all pro-LGBT speech for no other reason than its employees want to pick on members of that community, Oral Arg. at 22:39–22:52."
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    Quote Originally Posted by Newpublius View Post
    But we did this already with respect to the industrial age. Again once a company becomes a 'major artery commerce' -- I don't need to define that with specificity on a message board, we have legislatures, judges and juries and the experience from the industrial age to guide us.

    This isn't 'new' really. The concept and principles underpinning 'common carrier' have existed for decades.
    The application of the 'must-carry' duty of a 'common carrier' would produce a wholly unmoderated network or platform, save for the removal of wholly illegal content. A total lack of moderation would drag these platforms down to the lowest common denominator and they would become cesspools of sociopathic expression, driving away the general public and thus reducing free speech. Even the ACLU disagrees with the principle of common carrier being applied to the web. Advancement in technology has simply created complex legal issues that don't fit the framework of 1st or 2nd industrial age principles. Hence legislation with far more specificity, like CDA Section 230, is necessary to address these unique legal issues.
    In quoting my post, you affirm and agree that you have not been goaded, provoked, emotionally manipulated or otherwise coerced into responding.



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    Quote Originally Posted by Dr. Who View Post
    The application of the 'must-carry' duty of a 'common carrier' would produce a wholly unmoderated network or platform, save for the removal of wholly illegal content. A total lack of moderation would drag these platforms down to the lowest common denominator and they would become cesspools of sociopathic expression, driving away the general public and thus reducing free speech. Even the ACLU disagrees with the principle of common carrier being applied to the web. Advancement in technology has simply created complex legal issues that don't fit the framework of 1st or 2nd industrial age principles. Hence legislation with far more specificity, like CDA Section 230, is necessary to address these unique legal issues.

    As if "otherwise objectionable" is specific and clear.
    Tradition is not the worship of ashes, but the preservation of fire. ― Gustav Mahler

  11. #130
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    Quote Originally Posted by Chris View Post
    As if "otherwise objectionable" is specific and clear.
    CDA Section 230 may well be imperfect but that doesn't mean that it can't be amended.
    In quoting my post, you affirm and agree that you have not been goaded, provoked, emotionally manipulated or otherwise coerced into responding.



    "The difference between what we do and what we are capable of doing would suffice to solve most of the world’s problems.”
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