Some Thoughts On Twitter Pulling The Plug On Trump's Account
https://www.techdirt.com/articles/20210111/12082546034/some-thoughts-twitter-pulling-plug-trumps-account.shtml
enjoy First Amendment protections, among other constitutionalFirst of all, corporations
protections. Although some of my friends decry that proposition,
given the Supreme Court's current composition, that is not
going to change during my lifetime. And the First Amendment protects
the right to refuse to associate with speech one does not like.
There is only so much that legislation could do to prevent companies
like Twitter from controlling the speech that they allow.
adapting the section 230 liability shieldSecond, withdrawing or
is one way to impose limits on platform's adoption or
implementation of their content control policies, perhaps, but there
is no reason to think that any withdrawal that is likely to pass, and
that would be constitutional (because it does not involve viewpoint
discrimination), would be better than the current state of affairs.
Moreover, that would be a very blunt instrument that could not easily
be calibrated. I strongly support the principles of section 230,
which allow online platforms to decide what speech they will allow on
their platforms by protecting them against liability for speech that
they carry (with very limited exceptions). They are not common
carriers, like USPS or the PSTN’s. (Thus, Apple and Google
could cabin Parler by threatening to deny it access to the App and
Play Stores, and Amazon could deny Parler web hosting services, all
on the ground that Parler failed to successfully enforce rules
against advocacy of political violence. I find it mind-boggling that
people who call themselves “conservative” are railing
about the plug being pulled on a platform for the stated reason that
it allegedly fails to block calls for political violence). And they
are not government bodies, which are (largely) forbidden to engage in
content discrimination, and especially viewpoint discrimination, in
allowing or suppressing speech. Section 230, both as a legal
principle but also as a social principle, not only allows platforms
to tolerate speech that I find abhorrent, but also allows them to
exclude speech that I detest, or speech that I adore.