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Lawsuit Says Trump's Social Media Crackdown Violates Free Speech (nytimes.com) 237

An anonymous reader quotes a report from The New York Times: President Trump's crackdown on social media companies faced a new legal challenge on Tuesday, as a technology policy organization claimed in a lawsuit that he violated the companies' right to free speech with his executive order aimed at curtailing their legal protections. The nonprofit Center for Democracy and Technology says in the suit that Mr. Trump's attempt to unwind a federal law that grants social media companies discretion over the content they allow on their platforms was retaliatory and would have a chilling effect on the companies.

The lawsuit -- filed in U.S. District Court for the District of Columbia -- is indicative of the pushback that the president is likely to face as he escalates his fight with social media companies, which he has accused of bias against conservative voices. It asks the court to invalidate the executive order. [...] "President Trump -- by publicly attacking Twitter and issuing the order -- sought to chill future online speech by other speakers," its filing said. The center added, "The order clouds the legal landscape in which the hosts of third-party content operate and puts them all on notice that content moderation decisions with which the government disagrees could produce penalties and retributive actions, including stripping them of Section 230's protections."

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Lawsuit Says Trump's Social Media Crackdown Violates Free Speech

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  • by mark_reh ( 2015546 ) on Tuesday June 02, 2020 @04:30PM (#60137434) Journal

    It's easy to confuse bias against lies and mis/disinformation with a bias against "conservative voices" when conservative voices are constantly spouting lies and mis/disinformation.

  • The order is petty and retaliatory. He fails to recognize the difference between threatening populace with military action versus someone expressing concern about Russia. It is another in a long line of concerning executive orders over the past many administrations that legislate from the Oval Office.

    However, it is not infringing upon speech. None of what is done is forbidding speech. It opens up the platforms to defamation liability which is highly impractical, but it doesn't outright ban the speech.

    • by Cylix ( 55374 ) on Tuesday June 02, 2020 @04:47PM (#60137496) Homepage Journal

      If platforms want to remain platforms then they shouldnâ(TM)t be injecting viewpoints and censoring speech. This is the act of a publisher. Publishers are liable for their content.

      Get the difference?

      You can still be a platform. Just not with the mannerisms currently in use by someone like twitter.

      • by Knightman ( 142928 ) on Tuesday June 02, 2020 @05:42PM (#60137712)
        Within the scope of CDA 230, there is no real distinction between publishers or platforms - an interactive internet service have full discretion how they want to moderate their private property.

        Also, how you feel about spam? If twitter removes it or marks it as spam - according to your reasoning it's injecting viewpoints and censoring speech.

        If a platform can't moderate or add their own comments about content, you'll end up with a cesspool of stuff no normal person would want to deal with.

        Btw, a platform allowing it's users to moderate will also be affected if you get what you want - so either say goodbye to commenting on slashdot or be prepared to wade through ALL posts to find the ones that seems interesting.

        • Within the scope of CDA 230, there is no real distinction between publishers or platforms

          This is the problem. We need to establish the difference legally so we can maintain a clear distinction between the two.

          Allowing companies to pretend to be a platform while manipulating user content to push their own agenda is deceptive and prevents open public discourse.

          Under a revised section 230 we could still allow platforms to have user moderation if we want. They could also be allowed to post as a user without losing the protections.

      • by DRJlaw ( 946416 ) on Tuesday June 02, 2020 @06:19PM (#60137862)

        If platforms want to remain platforms then they shouldnÃ(TM)t be injecting viewpoints and censoring speech. This is the act of a publisher. Publishers are liable for their content.

        Get the difference?

        Yes, the imaginary difference that only exists in your head. 47 USC 230 says:

        (c) Protection for "Good Samaritan" blocking and screening of offensive material

        (1)Treatment of publisher or speaker. No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

        [words that you imagine NOT FOUND here]

        (2)Civil liability. No provider or user of an interactive computer service shall be held liable on account of--
        (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
        (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).

        There is no "either... or," "only if," or anything else linking 47 USC 230(c)(1) and (c)(2). Internet service providers both cannot be treated as the publisher or speaker of information provided by another and get to restrict access to objectionable material.

        The guy who wrote the law [twitter.com] says so. So who are you to say otherwise, and with no sources to back up your bullshit even?

        • In practice social media giants are common carriers. The law should adhere to that. The law is important but it's also a common mistake to try to work out what things are according to law rather than reality and direct observation. This is especially so in the face of new things. The law has existed for centuries to thousands or years. The internet and social media has really only taken off in the last decade and a half.

          There are lots of arguments from people saying but what if someone posts spam or some
    • The order is petty and retaliatory. He fails to recognize the difference between threatening populace with military action

      Yep.

      versus someone expressing concern about Russia..

      95% of which are either:

      1. Racist drivel

      2. Cheap fairy tails about the supervillain Vlad which flies around on a jet of nerve gas coming out of his arse and shoots laser beams out of his eyes to kill all traitors to the fatherland.

      On top of that quite a few of them are sponsored relaying of "talking points" which have been pre-cooked for repetition by any of our PsyOps divisions.

      This does not mean that we should not be concerned or worried about them. We must, but on actual merits of the case and

  • Ummm... (Score:2, Informative)

    by MNNorske ( 2651341 )
    Section 230 was crafted to protect companies that operated as neutral hosting platforms for user content. By taking a stance on what they believe to be truthful and not truthful they are no longer neutral hosting platforms. And, should lose their blanket protections.

    In the last few years we've seen Facebook, Twitter, et al being used by foreign entities to push propaganda at us constantly. They've been used by ISIS and other terrorist groups to organize internationally. Now we're seeing domestic terr
    • I think you're confused. The one thing I've seen is Twitter labeling Trump's tweet, not hiding it. So they are still hosting it.

      Then you hate the unchecked foreign influence, how do you expect that to be fixed? Labeling with a link to see more information, while still hosting it, seems like a more informative approach, and should allow indemnity. Otherwise you just hide it Without explanation, meaning they are choosing content, editorializing.

      You got another idea? One that might actually be implemented?

      Let

    • Re: (Score:3, Interesting)

      by Knightman ( 142928 )

      Section 230 was crafted to protect companies that operated as neutral hosting platforms for user content. By taking a stance on what they believe to be truthful and not truthful they are no longer neutral hosting platforms. And, should lose their blanket protections

      No, section 230 was NEVER about neutrality. It was about internet services having the right moderate their service as they see fit within the law.

      Every internet service that hosts some type of UGC is fully within their rights to choose what is al

      • by dryeo ( 100693 )

        Btw, propaganda is countered with facts and education.

        Sadly, as this discussion shows, facts such as the actual text of the law are ignored and people who refuse to get educated, don't.
        Wish there was a simple solution but I see this argument being made by the same people no matter how hard others try to educate them with the facts.

    • Section 230 was crafted to protect companies that operated as neutral hosting platforms for user content. By taking a stance on what they believe to be truthful and not truthful they are no longer neutral hosting platforms.

      Wrong! It was crafted to encourage sites to remove content that they subjectively found undesirable. The terms used in the law are: "obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable"

      And since many people find hate speech objectionable even when it is intimately associated with the political right, they can remove it from their sites without any pretense of neutrality, while still enjoying the full and absolute protection of the law.

      For example:

      I've gone from just moderately not liking these companies to thinking their lack of self regulation means that an outside entity must regulate them.

      If I ran this site,

    • by DRJlaw ( 946416 )

      Section 230 was crafted to protect companies that operated as neutral hosting platforms for user content. By taking a stance on what they believe to be truthful and not truthful they are no longer neutral hosting platforms. And, should lose their blanket protections.

      You're absolutely wrong. 47 USC 230 says:

      (c) Protection for "Good Samaritan" blocking and screening of offensive material

      (1)Treatment of publisher or speaker. No provider or user of an interactive computer service shall be treated as the publish

    • by kbahey ( 102895 )

      Section 230 was crafted to protect companies that operated as neutral hosting platforms for user content. By taking a stance on what they believe to be truthful and not truthful they are no longer neutral hosting platforms. And, should lose their blanket protections.

      In the last few years we've seen Facebook, Twitter, et al being used by foreign entities to push propaganda at us constantly. They've been used by ISIS and other terrorist groups to organize internationally. Now we're seeing domestic terrorists

  • and it wont stop one person from "SAYING" anything they want, they just wont be able to post comments on social media, the free speech violation thing is pure bunk, i am sure people will find workarounds if facebook & twitter was shut down, and considering the bullshit & mis-information that goes viral on those social media websites daily they would be doing the world a favor by shutting them down
  • by SmaryJerry ( 2759091 ) on Tuesday June 02, 2020 @04:58PM (#60137554)
    This was completely expected to happen. Trillion dollar companies aren't just going to let their legal fees explode. They are going to try to spend a few million now rather than risk lawsuits worth billions.
  • You want a 'neutral hosting platform' for people to exercise their freedom of speech on?
    Here you go: https://www.4chan.org/ [4chan.org]
    That's about the most neutral hosting platform imaginable. It's a total shithole, a literal sewer, the ass-end of the Internet, an absolute cesspool of the worst that humanity has to offer on the Internet. The only things that are removed from there, really, are things that are flat-out illegal in the United States (since it's hosted in the U.S.) which might get the FBI down on their
  • by LynnwoodRooster ( 966895 ) on Tuesday June 02, 2020 @05:37PM (#60137694) Journal

    President Trump -- by publicly attacking Twitter and issuing the order -- sought to chill future online speech by other speakers,

    SO, let me get this straight... By pushing back against companies censoring and banning some speech the companies don't like - that chills the future of online speech?

    Fighting against censorship means pushing for more censorship?

    • by Xenx ( 2211586 )
      This isn't an argument of the issue, but a direct response to your confusion. Trump is literally trying to restrict Twitters free speech with this. When they say "sought to chill future online speech by other speakers" that would include other corporations in the same boat as Twitter. I don't know if that was their only intent by the statement, but it is a valid interpretation that both supports what they said and makes logical sense.
      • by LynnwoodRooster ( 966895 ) on Tuesday June 02, 2020 @08:26PM (#60138228) Journal

        Trump is literally trying to restrict Twitters free speech with this.

        Please explain how saying "stop editorializing and pulling tweets and accounts" means trying to restrict the tweets of others. How is he chilling the rights of others to speak? By taking Twitter to task for banning people? By Twitter using a blue checkmark to indicate an account is authentic and really the account of the claimed individual [twitter.com] and then - for those they do not like - pulling the blue checkmark [cnn.com]? How does a person go from verified to, effectively, a non-person?

        I cannot see in any way, shape, or form how pushing for more openness and freedom of speech on a platform will result in less of it. Seriously. We used to celebrate the right to disagree with speech, but fight to guarantee the rights of others to say what their piece. Now, apparently, censoring and banning people you don't like is considered right. That's some seriously fucked up thinking...

        • by Xenx ( 2211586 )

          I cannot see in any way, shape, or form how pushing for more openness and freedom of speech on a platform will result in less of it.

          They're trying to restrict what Twitter, and other sites, can/cannot do with their own private platform. It has been shown in the past that choosing what is said on a private platform, like Twitter, is part of their free speech. As such, the government is trying to censor Twitter's(and others) speech. Period. I'm not arguing over whether it's right or not. I'm only telling you that it's happening, not how to feel about it. As such, your statement "Fighting against censorship means pushing for more censorshi

    • by DRJlaw ( 946416 )

      SO, let me get this straight... By pushing back against companies censoring and banning some speech the companies don't like - that chills the future of online speech?

      Force Fox News to accept ads that it doesn't like [newsweek.com] and then come back to me with your drivel...

      • Fox was wrong. They should have shown the ad. Of course, I am sure you would have been the FIRST to shout about how Fox was showing commercials of Nazis because "that's what Fox is - a Nazi, right-wing echo chamber".

        Now, you're supposedly a lawyer, which means you probably understand some logic. So explain please how President Trump asking for more openness of speech on Twitter is actually him demanding less openness of speech on Twitter. Because if you can do that - your next client should look at yo

        • by DRJlaw ( 946416 )

          Of course, I am sure you would have been the FIRST to shout about how Fox was showing commercials of Nazis because "that's what Fox is - a Nazi, right-wing echo chamber".

          Of course you're sure. Otherwise you'd have to concede that I have an intellectually consistent worldview, and you can't consider that anyone who disagrees with you has any such positive quality while maintaining your sense of superiority.

          So explain please how President Trump asking for more openness of speech on Twitter is actually him de

          • So you're doing a lawyer-thing: answering a question that wasn't answered. So how can you accuse someone asking for X to be actually fighting against X? Or will you dodge yet again?
    • SO, let me get this straight... By pushing back against companies censoring and banning some speech the companies don't like - that chills the future of online speech?

      Fighting against censorship means pushing for more censorship?

      This isn't a binary choice. The only options available are not simply deciding whether section C2 of 47 USC 230 is good or bad.

      When you increase liability for speech in order to save it the end result is rarely the preservation of speech. As they say the road to hell is paved with good intentions.

      People could for example use this opportunity to call for major anti-trust action against social media companies and break them up into bite sized pieces, limit vertical integration..etc. With disaggregation of

      • You know a really simple way to NOT be subject to section 230 consequences? Don't ban speech that is not illegal. Done.
        • What are section 230 consequences? I just ask, because there are no consequences in 47 USC 230.

          (Also it says that sites can remove speech "whether or not such material is constitutionally protected" so the law certainly has no problems with banning speech that is not illegal)

        • And a month later, your site is flooded with pornography, conspiracy theories, and fringe politics. Then your real customers, the advertising clients, leave.

  • Here's the problem with this: you can't claim that someone is violating your right to free speech when you violate theirs.

  • Some groups are pretty protective when it comes to sustaining their right to hurt people, and promote violence.
  • get free speech rights on ANY social media platform so why should they get any free speech rights?????
      I say FUCK 'EM!

  • as a technology policy organization claimed in a lawsuit that he violated the companies' right to free speech with his executive order aimed at curtailing their legal protections.

    Yes, and the Democrats are doing the same thing, as well as other Republicans.

    I hope you all remember your position on this as inevitably politicians try to hurt the internet companies by altering 230, to coerce them into censoring the way they want.

    I won't hold my breath though. People flip and are ready to wield wrongful power when they're the ones with it.

  • Pretty sure Trumpâ(TM)s fixed the election this time around too. Just like how he created this virus to spur tribalism, border closures, and nationalism. Who benefit most from the virus? It was Trump. Only chance democrats have is in 2024 when hopefully they run someone cleaner than Biden or at least someone who can act like heâ(TM)s proud of his dirt.

  • I can't personally vouch for it, but I keep hearing whispers among concerned Republicans. They seem worried, confused and deeply disturbed.

    Is it true that Donald Trump has a teeny weenie ?

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