Most of us have long ago said that we believe that Facebook and Twitter (and other Social Media platforms) have the “right” to ban whomever they please, because, “it’s not a First Amendment issue.” In fact, even Trump’s legal team seems to agree with this position.
But solely for the purpose of careful consideration of the ENTIRE issue, let us consider a few things that haven’t gotten much discussion, at least as far as I can find.
social Media platforms, along with media websites and other types of socially interactive online sites are exempt under section 230 of USC 47 from being held liable for comments (speech) which is shared on the sites in the form of comments and/or posts. The platforms cannot be held legally or financially liable for the users’ inputs, including, by the by, “Main Stream Media” sites such as newspaper comment sections.
Now, again, let us be clear, the Platforms themselves are not the government. I believe that we all agree that given that circumstance, they are free to allow or disallow participation as they see fit. So, banning Alex Jones or Louis Farrakhan or shadow banning Devin’s Cow might be a bad business plan and result in customer blowback, but it is allowable. whether or not they should do it is another matter.
But… let us consider some things here:
The Courts have ruled that Gun Manufacturers can be sued for liability for their end users actions. Bars and restaurants can be held liable for their customers who drive under the influence. A business which provides a “public accommodation” type of service can be compelled to provide that service to all customers, not just those with whom they would choose to do business.
Now… USC §47 section 230 is a law, passed by Congress which exempts Social Media and Web Sites from being held liable for the end user comments (speech).
Two leading Congress Members* (and One Cow**) have recently publically declared that if the platforms will not eliminate speech which they find objectionable they will push for the Congress to pass a law which will repeal section 230 of USC §47, thus removing the exemption for Facebook, Twitter, and other web platforms which allow users to participate in the form of comments and/or posts, and making them responsible for the potential fallout from such comments and/or posts.
Did you hear what I said? Congress shall pass a law which causes the free speech of commenter’s to be “chilled” by punishing the platforms which allow it for whatever the commenters may say or presumably do.
Now, in the 18th Century, if some farmer in western Virginia has read an article ion a newspaper and then written a letter to the paper and advocated that the original article was “wrong,” because “Nazis, socialism, Islam” and, of course, “Jesus told me this,” and some other farmer read his reply to the paper and grabbed a weapon and shot a Nazi, a socialist, a Muslim and a Jew, who would have been held liable for the action?
Exactly.
So how did we get to the point where the people who are currently in Congress but want to become the President care more about what they can force you to do than about preventing the government from crossing the line?