Court judges wrote that Nazis and terrorists using online platforms to spread hate was ‘hypothetical' and compared content moderation to checking the mail.
who have tried to spread their own brands of hate and violence across the biggest social media platforms.All throughout the 113 pages of legal rigmarole spread throughout the decision document, there’s a sense of misunderstanding of what actually occurs with online content moderation.
But it’s all a larger screen for what the 5th circuit is arguing, leaving little room for question despite the mountains of back and forth discussion still ongoing in the space“It is undisputed that the platforms want to eliminate speech—not promote or protect it. And no amount of doctrinal gymnastics can turn the First Amendment’s protections for free speech into protections for free censoring.
, which determined that companies must disclose some “factual and uncontroversial information” about services. In a live Twitter Space meeting Monday, Barthold said this decision has implications outside of just social media. He refers to judicial decisions like, which struck down requirements for equal space in newspapers to endorse certain candidates. The TechFreedom counsel added that decision “constitutes the exercise of editorial control and judgment which everybody has long understood, that is describing a First Amendment right to editorial control and judgment.
Without a full overriding decision from the top of the judicial branch, there isn’t likely to be any end to this migraine-inducing legal hellscape that is the state of online speech.
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