And this should go without saying, but the problem with Twitter/Parler/etc is that they are private actors. They aren't otherwise subject to the 1st A. However, they are functioning in an important public discourse role. This is a way around that.
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Originally posted by iam416 View Post
I actually don't have to sort out anything. I just have to say -- you in or you out. A company that is likely to use 230 will know that. A company that is not will know that. Twitter, Parler, YT -- they need 230. AWS does not (as I mentioned to DSL, they're very far away from liability). Hell, I don't think Apple and Google need 230.
But, if you give 1st A application to the direct publishers then the AWS/Apple/Google issues go away. There is no "conservative" twitter or "liberal" twitter -- there's just twitters. You can ban Parler, but the people on Parler can go to Twitter and say the same thing. You can't ban them all --realistically.
So, in practice the Apps would have to abide by the 1st A. That means they could still ban misleading commecial speech, pornography and words that incite imminent lawless action (and a few other categories). HOWEVER, if they did do that they are potentially answerable in Court. The user would have recourse to figure out if the App acted properly.
The general policy idea of 230 is to further this on-line public marketplace of ideas. We recognized that importance of these services as on-line places for public discourse and wanted to foster that discource by exempting the "hosts" from liability -- the users, of course, are still liable, but the hosts -- no. If there was potential liability then the concern was the hosts would be overly-censorious as a way to avoid liability (plus, added costs). I think what I set forth pretty well captures the spirit and purpose of 230.
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I'm amazed and pleased to see that the right's efforts to quash the "defund" and "eliminate" law enforcement agencies have succeeded. All it took was for a few nutjobs to "attack" the Capitol and make a few Democrats uncomfortable, and all that stupid talk went away. I daresay there's not a city council in America today, that will even put that discussion on their agenda for a while. Shoot, this may even be a great time for the various National Guard units throughout the country to secure a bit of extra funding from Congress.
Sometimes, even when you lose, you win."in order to lead America you must love America"
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