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Message
Federal Court rules Big Tech has no 'freewheeling First Amendment right to censor'.
Posted on 9/19/22 at 2:48 pm
Posted on 9/19/22 at 2:48 pm
Decision upholds Texas law that limited the right of social media companies to squash opinions.
Fox News Article
Fox News Article
quote:
A federal appeals court upheld a Texas law on Friday that seeks to curb censorship by social media platforms. The ruling, a major victory for Republicans who charge companies like Twitter and Facebook are limiting free speech, is a step in a major legal battle that could end up at the Supreme Court.
In his opinion, Federal Judge Andrew S. Oldham of the Fifth Circuit said the platforms argued for "a rather odd inversion of the First Amendment" that "buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech."
This post was edited on 9/19/22 at 2:52 pm
6
Posted on 9/19/22 at 2:57 pm to 1BIGTigerFan
since when do people have freedom of speech wherever they want? You can't go into a business and say whatever you want without being thrown out. A private business should be able to regulate what they want.
So if a site like TD were held to this standard(they are not right now), someone could just spam new messages over and over and mods can't do anything to stop it because one person has free speech in all online spaces?
So if a site like TD were held to this standard(they are not right now), someone could just spam new messages over and over and mods can't do anything to stop it because one person has free speech in all online spaces?
Posted on 9/19/22 at 2:58 pm to 1BIGTigerFan
That’s actually interesting. Our rights are individual rights. Nowhere does the constitution grant these rights to a business or corporation so it would make sense that govt could protect individual rights be restricting a non govt entity from infringing on those rights
Posted on 9/19/22 at 3:02 pm to deltaland
This is the answer.
Posted on 9/19/22 at 3:03 pm to deltaland
quote:
That’s actually interesting. Our rights are individual rights. Nowhere does the constitution grant these rights to a business or corporation so it would make sense that govt could protect individual rights be restricting a non govt entity from infringing on those rights
That's not the argument, these companies have argued endlessly they aren't producing content (speech) they are platforms for speech.
Now they want to turn around and claim the speech they aren't producing is protected. It's asinine.
Posted on 9/19/22 at 3:04 pm to deltaland
The Court has held that freedom of speech applies to Corporations.
It would need to limit that ruling or overturn it.
It’s an interesting opinion. Is limiting speech on your private platform not free speech? Or he’ll is it not freedom Of association?
It would need to limit that ruling or overturn it.
It’s an interesting opinion. Is limiting speech on your private platform not free speech? Or he’ll is it not freedom Of association?
This post was edited on 9/19/22 at 3:06 pm
Posted on 9/19/22 at 3:07 pm to Tigers0918
quote:
someone could just spam new messages over and over and mods can't do anything to stop it because one person has free speech in all online spaces?
That's why these news articles don't provide very good information. It allows you to draw whatever conclusion you want.
TD would simply ban that user for spam. If you were cursing excessively, TD mods would ban you for cursing.
I believe the Texas law was based on censoring based on viewpoint, but I haven't researched it thoroughly.
If you said, "I respectfully disagree; I do not think young children should be allowed to transition bc of lack of development of the brain; medically, yada yada...," I think this texas law would protect you from censorship.
Eta: Does it still sound as absurd as before? Wouldnt it be nice if our government and media presented things in an honest manner?
This post was edited on 9/19/22 at 3:08 pm
Posted on 9/19/22 at 3:09 pm to Tigers0918
quote:
since when do people have freedom of speech wherever they want?
The issue is not just about censorship, it is about discrimination against conservative views. If they were consistent in their censorship, and carry that across all political views, it would be different.
Posted on 9/19/22 at 3:09 pm to 1BIGTigerFan
Take notes admins…
Posted on 9/19/22 at 3:09 pm to Tigers0918
quote:
A private business should be able to regulate what they want.
OK, let them get sued over Saud speech then.
Posted on 9/19/22 at 3:16 pm to Tigers0918
quote:
So if a site like TD were held to this standard(they are not right now), someone could just spam new messages over and over and mods can't do anything to stop it
The ruling says corporations can't censor a person's opinion. It doesn't say it can't ban someone for spamming the board.
Posted on 9/19/22 at 3:19 pm to Tigers0918
quote:
since when do people have freedom of speech wherever they want?
If you read the case, this has a lot to do with the government working with private companies to censor speech for them. Big no no's.
Posted on 9/19/22 at 3:31 pm to Tigers0918
quote:
A private business should be able to regulate what they want.
Do you still believe Big Tech companies are private? They're arms of the political establishment and our intelligence apparatus.
Posted on 9/19/22 at 3:34 pm to Tigers0918
quote:
since when do people have freedom of speech wherever they want? You can't go into a business and say whatever you want without being thrown out. A private business should be able to regulate what they want.
A private business has every right to kick you out for conduct that hurts their business. Freedom of speech is a limitation on the government from being able to prosecute you for something you've said.
That being said, you also cannot make threats of violence (and other things of this nature I am sure).
Posted on 9/19/22 at 3:36 pm to Tigers0918
quote:
You can't go into a business and say whatever you want without being thrown out. A private business should be able to regulate what they want.
I'm sure the distinction is more like a public forum space rather than private property but I don't know
Posted on 9/19/22 at 3:39 pm to 1BIGTigerFan
I picture Texdiddler dlwnvoting these comments like a deranged sister she is.
Posted on 9/19/22 at 3:43 pm to Tigers0918
Melt.
Posted on 9/19/22 at 3:45 pm to UFMatt
I think also at issue is the marketing of Twitter and Facebook et al. Where they marketed themselves as all opinions are welcome. When they’re clearly not.
Posted on 9/19/22 at 3:46 pm to 1BIGTigerFan
quote:
If you read the case,
Please link. I would like to educate myself.
Posted on 9/19/22 at 3:47 pm to deeprig9
It's linked in the article.
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