this post was submitted on 05 Nov 2023
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You do not have free speech on social media today, private platforms decide what they want to have.
The state does not have to be the one to decide these things, nor is it a case of "deciding" what is true, we have a long history of using proofs to solidify something as fact, or propaganda, or somewhere in between. This is functionally what history studies are about.
That brings up another thing. At what point does it become a "public space"?
Theres an old supreme court case on a company town that claimed someone was trespassing on a sidewalk. The supreme court ruled it was a public space, and thus they could pass out leaflets.
https://firstamendment.mtsu.edu/article/marsh-v-alabama-1946/
Imo, a lot of big sites have gotten to that stage, and should be treated as such.
I think this is an underrated point. A lot of people are quick to say "private companies aren't covered by free speech", but I'm sure everyone agrees legal ≠ moral. We rely on these platforms so much that they've effectively become our public squares. Our government even uses them in official capacities, e.g. the president announcing things on Twitter.
When being censored on a private platform is effectively social and informational murder, I think it's time for us to revisit our centuries-old definitions. Whether you agree or disagree that these instances should be covered by free speech laws, this is becoming an important discussion that I never see brought up, but instead I keep seeing the same bad faith argument that companies are allowed to do this because they're allowed to do it.
This is an argument for a publicly-funded “digital public square”, not an argument for stripping private companies of their rights.
Why not both?
While I agree that punishing companies for success isn't a good idea, we aren't talking about small startups or local business ran by individual entrepreneurs or members of the community here. We're talking about absurdly huge corporations with reach and influence the likes that few businesses ever reach. I don't think it's unreasonable to apply a different set of rules to them, as they are distinctly different situations.
I fully agree. Small groups have limited resources. But google and facebook have a ton of resources, they can handle more oversight.