"Content-moderation decisions are momentous but they are as momentous as they are bc of fb’s engineering decisions & other choices that determine which speech proliferates... & in what context [users] see it"

Great op-ed by @JameelJaffer & @KGlennBass

nytimes.com/2021/02/17/opi…
I think it's unlikely the @OversightBoard will take their recommendation to refuse to answer the question abt Trump's account until fb commissions & publishes a study abt the lead up to Jan. 6

(Altho I think it should and likely will recommend such a study in their decision)
But what if they do? A fun hypothetical for this wannabe law professor to imagine.

A possible "constitutional" show down!
Despite what a lot of people think, the independence mechanisms for board members are quite robust. Fb can't remove members, and the only way a board member can be removed by the trustees is for violations of the Code of Conduct
And the members have a lot of latitude and flexibility to perform their roles (within the limited ambit that fb currently provides them). But one of the only really clear things they *must* do under the bylaws?

Decide cases within 90 days.
Funnily enough, I just read the Code of Conduct twice and there's no clear "failure to perform duties" provision.... this appears to be the closest it gets?
So, in short, cld be a stand-off b/t the board not making a decision, the trustees confused abt their powers, maybe a Friday night massacre & the need to invoke *actual* law abt the interpretation of Trust docs

Again, unlikely. But a little fun to imagine (& do a thread about)

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More from @evelyndouek

26 Jan
"The First Amendment of the era aided us. The guarantee of free speech is for democracy; it is worth little, in the end, apart from it."

Great @emilybazelon piece.

Fun fact from this humble foreign observer...

nytimes.com/2021/01/26/mag…
The US has a rich tradition of seeing the 1A as existing to facilitate democracy and self-government. Australia drew on that thinking in implying a freedom of political communication into its Constitution which, famously, has no right to free speech.
During the same period (as Emily documents, drawing on @glakier's work), the US itself moved way from that tradition, adopting an increasingly libertarian view of the 1A instead.
Read 5 tweets
11 Jan
I want Facebook to refer its suspension of Trump's account to the @OversightBoard. You should too.

lawfareblog.com/facebook-overs…
absolutely nailed the spelling of "too" this time ☺️
@OversightBoard Checks and balances shouldn't exist only for decisions taken against the winds of public opinion. Facebook should allow oversight of its most high-profile and controversial content moderation decision yet.
Read 6 tweets
10 Jan
After thinking about it, I think Facebook should refer its Trump suspension to the @OversightBoard, and it should use the expedited process to do so.

You should to.
This is one of the most consequential and high profile decisions in content moderation, and we don't trust that it was made on principal rather than business expediency.

This is *exactly* what the @OversightBoard and its expedited process is for. If not now, when?
The usual calls for @OversightBoard intervention are quiet, but we should not only want checks and balances for decisions we agree with.
Read 10 tweets
9 Jan
In two weeks, Trump will be out of power, but platforms won’t be. They should be forced to live up to the sentiments in their fig-leaf rationales.

My thoughts on the Great Deplatforming.

theatlantic.com/ideas/archive/…
The title suggests I'm calling for Mass Deplatformings, which is not my point at all. What I want is for platforms to live up to the myth of content moderation they tell, that their decisions are Principled and In The Public Interest; that they will be consistent and contextual.
I believe there are speech interests at stake in the decisions platforms make. I don't buy that these are companies so just let them do whatever, whenever. We deserve better than that.

theatlantic.com/ideas/archive/…
Read 5 tweets
7 Oct 20
I have literally no idea what Facebook's new policy is on QAnon or what it will apply to in future, and so I would like you to please read this post but replace "Twitter" with "Facebook"

lawfareblog.com/twitter-brings…
It seems pretty sui generis, which makes sense because no one is really sure what QAnon is. Not even many of its adherents

wired.com/story/qanon-su…
Hard not to think that the House condemnation played a role here, given timing. I hope so: that seems a more accountable and democratic way for this to work. I wish that had been made explicit.

washingtonpost.com/powerpost/elec…
Read 8 tweets
23 Aug 20
Watching Trump continually test platforms' voter suppression policies, instinctively trying to find ambiguities and loopholes, I'm always reminded of this @kevinroose piece, which to me will be a classic of this era: The President vs. The Mods

nytimes.com/2020/05/29/tec…
"if the mods are afraid to hold them accountable when they break the rules, they will keep pushing the limits again and again — until ultimately, the board is theirs to run."
As an Australian, as in all things, I'm in favor of a purposive interpretation of platform voter suppression and election misinformation policies, rather than a purely textualist one.
Read 5 tweets

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