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Court Rules Against Social Media Companies
in Free Speech Censorship Fight

Original Article

Posted By: earlybird, 9/17/2022 4:46:58 PM

A federal appeals court in New Orleans has ruled in favor of a Texas law that seeks to rein in the power of social media companies like Facebook and Twitter to censor free speech. The decision by the 5th U.S. Circuit Court of Appeals in New Orleans (pdf), handed down on Sept. 16, upholds the constitutionality of a Texas law signed by Gov. Greg Abbott last year and delivers a victory to Republicans in their fight against big tech censorship of conservative viewpoints. “Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say,” U.S. Circuit Court Judge Andrew Oldham wrote in the opinion.

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Reply 1 - Posted by: kono 9/17/2022 5:05:08 PM (No. 1280375)
Sounds good at first, but somewhat analogous to a new Fairness Doctrine. It's incumbent to compete in the arena of ideas, not to use courts to force ones ideological adversaries to include their adversaries point of view. HOWEVER, I would not be opposed to requiring a disclaimer to be prominently displayed, that as a privately-established and operated site, the site operators reserve the right to delete posts contrary to their viewpoint. OR establish a free public site to which the First Amendment guarantees apply.
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Reply 2 - Posted by: Mass Minority 9/17/2022 5:33:01 PM (No. 1280409)
THe real problem is the communications act that was pushed through during the Obama abomination. It effectively carved out a huge priveleged legal position for online "Platforms". What it did is make them compleytely immune to most lawsuits. They argued that they are simply Platforms and therefore had no control over their content so that they could not be held liable for the scurrilous libels of their patrons. Simultaneously they argued that they were private publishers who could excercise complete editorial control over their materials their patrons "published"' They argued that they had total editorial control of all the content that they were unable to be responsible for because they had no control over patrons posts. And the left, fully aware that they were protecting their propaganda arm, agreed that that statement made perfect sense. So here we are. We must repeal the special carve out that simultaneously gives tech platforms all the legal protections of Both publishers and platforms while holding them to none of the resposibilities of either. If they are platforms they cannot censor, if they are publishers and excercise editorial control then they must be held responsible for their editing decisions.
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Reply 3 - Posted by: stablemoney 9/17/2022 5:35:15 PM (No. 1280411)
The social media platforms have been 100% in violation of 1st amendment rights. They have had their fun, Judgement Day has been slow in coming, but it is getting a lot nearer.
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