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re: Twitter loses immunity over user-generated content in India
Posted on 7/6/21 at 5:18 pm to meansonny
Posted on 7/6/21 at 5:18 pm to meansonny
quote:
Twitter/social media is either a public square or publisher.
A distinction that I don't think actually exists in legal terms.
quote:
When twitter edits/deletes content arbitrarily, they are no longer a public square. They are a publisher... like the new york times or cnn. This should open twitter (like the NYT or CNN) to liability lawsuits for defamation, libel, etc..
But editorializing is directly protected by the First Amendment. Publishers can dictate what content they produce and do so.
quote:
The problem is that social media is enjoying government protection from liability claims without earning it (free speech)
You understand that this won't help free speech. If Twitter was liable for what their users post, they would be far more censorious.
Posted on 7/6/21 at 5:23 pm to crazy4lsu
quote:The argument is that that is exactly what Twitter and Facebook are doing.
Publishers can dictate what content they produce and do so.
They do dictate what content is produced.
quote:Yes, of everyone, which would ultimately bring the entire situation to a head, resulting in a cataclysmic result.
You understand that this won't help free speech. If Twitter was liable for what their users post, they would be far more censorious.
I want that.
Posted on 7/6/21 at 5:24 pm to crazy4lsu
quote:
You understand that this won't help free speech. If Twitter was liable for what their users post, they would be far more censorious.
Twitter wouldn’t be liable for what I say on my twitter just as ATT isn’t liable for what I say when I use their service.
Posted on 7/6/21 at 10:20 pm to crazy4lsu
quote:
quote:
Twitter/social media is either a public square or publisher.
A distinction that I don't think actually exists in legal terms.
It does. And social media have a specific legal exemption. They have a government shield as a public square despite running a business like the new york times op ed.
quote:
quote:
When twitter edits/deletes content arbitrarily, they are no longer a public square. They are a publisher... like the new york times or cnn. This should open twitter (like the NYT or CNN) to liability lawsuits for defamation, libel, etc..
But editorializing is directly protected by the First Amendment. Publishers can dictate what content they produce and do so.
I am for twitters right to editorialize just like i am for the new york times op ed. They are the same thing to me and should be treated the same. I am pro amendment 1a.
I am against corporatism protecting twitter that isnt afforded to the new york times. This is basic elementary stuff. Posters are being disengenuous and dishonest. This is really simple.
quote:
quote:
The problem is that social media is enjoying government protection from liability claims without earning it (free speech)
You understand that this won't help free speech. If Twitter was liable for what their users post, they would be far more censorious.
It absolutely helps free speech.
Treat twitter and facebook like CNN and you will have a void in the market for a new business who chooses to act in the interest of the public square. Maybe Chicken will have the platform that takes over that void. Create a vacuum in a capitalist market and it will be filled.
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