this post was submitted on 05 Nov 2023
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This is an argument for a publicly-funded “digital public square”, not an argument for stripping private companies of their rights.
Why not both?
While I agree that punishing companies for success isn't a good idea, we aren't talking about small startups or local business ran by individual entrepreneurs or members of the community here. We're talking about absurdly huge corporations with reach and influence the likes that few businesses ever reach. I don't think it's unreasonable to apply a different set of rules to them, as they are distinctly different situations.
Because one is violating the first amendment rights of a private company, the other isn’t. Punishing a private company for how an individual uses their platform isn’t constitutional. It would be like holding car manufacturers liable for drunk drivers.
I fully agree. Small groups have limited resources. But google and facebook have a ton of resources, they can handle more oversight.
That's a good idea, but I still think big sites are public spaces at this point.
“Publicly-accessible private space” and “public space” are two legally-distinct things. In a public town square, you have first amendment rights. In a shopping mall*, your speech and behavior are restricted. This is similar in that regard. Both are publicly-accessible, but one is private property and can be subject to the rules of the property owner.
Edit: *not applicable to certain behaviors or speech in Californian malls
To your shopping mall example, you got it wrong. https://en.m.wikipedia.org/wiki/Pruneyard_Shopping_Center_v._Robins
You should read the link you posted:
So my analogy wouldn’t apply to Californian shopping malls, but it would to others, and it would apply federally.
Well damn, I got hasty.
I still think it really should apply federally, but it doesn't.