1/ Whoever at the @bostonherald is responsible for this: toss your stash, you got a bad batch.
Seriously, this is a mishmash nonsense from people who thought "hey, Section 230 is hot, I should write about that even though I know nothing about it."
2/ So I don't know the age of whoever wrote this, but presumably they are old enough to realize that Section 230 predates Facebook and Twitter by, uh... a long time.
The phrase "public utility" has a meaning, and this aint it. Nor has any social media platform claimed to be one.
3/ And this has nothing to do with what Facebook/Twitter think of themselves.
Section 230 merely says that they are not *liable* as a publisher. If they weren't at risk of being deemed publishers, the law would be pointless.
If you knew anything about 230, you'd realize this.
4/ Hate to break it to you @bostonherald, but you actually do get Section 230 protection.
"Hiding behind?" For people who write for a living, you're pretty loose with definitions and usage.
5/ You all knew this was coming. Traditional media does not like that its business model was disturbed. They blame Section 230. They should blame themselves.
6/ I'm sorry, net neutrality?
What?
7/ What illusion? If you thought Twitter was a public utility you're an idiot. That's a YOU problem.
8/ More absolute tripe. Does @bostonherald think that it could be sued for publishing "hate speech" or refusing to publish Donald Trump's op-ed, or over article placement?
This speaks to the cluelessness: what liability does the Herald think Twitter is escaping that it has?
9/ Yes, and that's the point! But they were only "hiding" if you had your eyes closed. They admit it, in federal court even!
10/ Don't believe me? This doesn't exactly look like hiding their curatorial role, @bostonherald...
11/ Not sure what the Herald editorial staff is trying to say here, but I mean...social media platforms are subject to competition too so your point is...what?
12/ Again, entirely unclear what this is even supposed to mean, but wow is it laden with hysterics.
Do better, @bostonherald. This is embarrassing for you.
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1/ So I watched the Senate Commerce hearing on Instagram today, and while it was far too boring and mundane to live-tweet, there are some observations/takeaways worth sharing.
2/ Blumenthal (D-CT) (of "will you commit to ending finsta" ignominy) is your prototypical "think of the children something must be done may I speak to the manager Karen."
He likes to broadly wave his hands about some purported evil and declare it HIS JOB TO FIX IT.
3/ It's interesting that he brings up that the Surgeon General's report also talks about the impact of "video games and other media."
Those are good comparisons: hysterical moral panics over alleged impending doom to the children!
Hate speech is protected by the First Amendment precisely because it is impossible to objectively define. This lawsuit asks the courts to define it, which they will not do. Creative pleading won't get them around the First Amendment's application.
2/ There is no way to resolve this lawsuit without a court assessing the subjective meaning of Facebook's terms of service, and subjectively determining whether or not Facebook has lived up to them.
3/ Like Republican attempts to regulate social media, this runs headfirst into the reality that those judgements are protected by the First Amendment.
Trying to frame it as a "consumer protection" issue is transparent. The courts aren't going to fall for it.
2/ Like most of these hearings, this looks to be another Techlash Festivus, with the parties having selected witnesses that largely align with their predetermined grievances against social media compahnies.
3/ Some don't understand how 230/the First Amendment work. Others have never met a civil liberty they wouldn't run over to achieve a desired outcome. Some peddle absurdly flawed theories of how things ought work. Some simply have an agenda and don't care about collateral effects.
Without commenting on the acquittal, the fact that a jury acquitted Rittenhouse does not mean it is defamatory to call him a "murderer," and it *especially* does not render any *past* statements defamatory.
2/ An acquital is just that: the government did not meet its burden of proof for a criminal conviction. It does not establish facts for all of time; it establishes whether the jury thought the government proved its case.
3/ Even if it *did* establish fact/truth, it would still be irrelevant to 99.99% of the claims people are yammering about. Why?
Because those statements were all made before the acquittal. Defamation requires fault. In Rittenhouse's case, he'll get public figure treatment
2/ They spend a bunch of time on mealy-mouthed hysterics about Haugen's testimony, without ever actually saying what the harms that are being caused are--and that's going to be pretty important, as different things are, again, different.
3/ But first they try to clear a first hurdle: Section 230.
They start out by recognizing that 230 immunizes platforms for liability on the basis of third-party content, and that 230 applies to algorithmic content suggestions.