4 ms·

>powers to decide legal cases against their customers Facebook is free to do whatever they want on their platform. There are no legal cases involved.

zAy0LfpBZLC8mAC 9y ago
Which is why noone said there was. This is what is known as an analogy.
- TheSpiceIsLife 9y ago
  > It is a decision made to limit your constitutional freedoms due to legal obligations towards the public. That is very much the definition of a criminal case. Your words.
  - zAy0LfpBZLC8mAC 9y ago
    Yes, thanks, but I am aware of the analogies I use. Are you actually confused about the fact that Facebook is not actually a court, and thus by definition whatever Facebook does is not actually a "criminal case", and that thus my point is not about whether or not what Facebook does would be referred to by a legal scholar as a "criminal case", but about whether it quacks like a criminal case, it walks like a criminal case, therefore, it is a criminal case, in all respects except for exactly the detail that it is handled by Facebook and not by a court, which is exactly the problem that I am pointing out?
    - TheSpiceIsLife 9y ago
      I'm not confused about the fact that Facebook is not a court and does not have the ability to impose a criminal sentence, and the ensuing criminal record.
      - zAy0LfpBZLC8mAC 9y ago
        OK, so what is unclear about my words then?
        TheSpiceIsLife 9y ago
        Nothing. I just don't agree that if "it quacks like a criminal case, it walks like a criminal case, therefore, it is a criminal case", because is handled by Facebook and not by a court. What's Facebook going to do? Fine you? Sentence you to Community Service? Send you to jail? Maybe the crux of the matter is that I don't believe people have a constitutional right to be able to post to on Facebook.
        zAy0LfpBZLC8mAC 9y ago
        > What's Facebook going to do? Fine you? Sentence you to Community Service? Send you to jail? Limit your ability to speak in public. > Maybe the crux of the matter is that I don't believe people have a constitutional right to be able to post to on Facebook. That is correct. But you have a constitutional right that the state does not prevent you from speaking in public (with relatively narrow exceptions), which includes the right that the state does not pressure/incentivise other people or corporations to limit your ability to speak in public. The fact that Facebook is allowed to prevent you from speaking does not mean that the state is allowed to tell them to stop you from speaking.
        TheSpiceIsLife 9y ago
        I'm glad we agree as to where we disagree, thank you for being reasonable and civil. > Limit your ability to speak in public. I disagree. I don't believe Facebook constitutes public speech. I'm open to be being persuaded though.
        Mithaldu 9y ago
        I don't think it even matters whether it is public speech or not. The constitution guarantees free speech only insofar it is not limited by "provisions of general laws, in provisions for the protection of young persons, and in the right to personal honour". And http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1246 http://www.gesetze-im-internet.de/englisch_stgb/englisch_stg... sets forth some pretty serious limitations. Nowhere is it mentioned whether any of this happens in private or in public.
icebraining 9y ago
But Facebook is not doing whatever they want - they are doing whatever they believe they need to do to avoid violating the law.

zAy0LfpBZLC8mAC 9y ago

Which is why noone said there was. This is what is known as an analogy.

TheSpiceIsLife 9y ago
> It is a decision made to limit your constitutional freedoms due to legal obligations towards the public. That is very much the definition of a criminal case. Your words.
- zAy0LfpBZLC8mAC 9y ago
  Yes, thanks, but I am aware of the analogies I use. Are you actually confused about the fact that Facebook is not actually a court, and thus by definition whatever Facebook does is not actually a "criminal case", and that thus my point is not about whether or not what Facebook does would be referred to by a legal scholar as a "criminal case", but about whether it quacks like a criminal case, it walks like a criminal case, therefore, it is a criminal case, in all respects except for exactly the detail that it is handled by Facebook and not by a court, which is exactly the problem that I am pointing out?
  - TheSpiceIsLife 9y ago
    I'm not confused about the fact that Facebook is not a court and does not have the ability to impose a criminal sentence, and the ensuing criminal record.
    - zAy0LfpBZLC8mAC 9y ago
      OK, so what is unclear about my words then?
      - TheSpiceIsLife 9y ago
        Nothing. I just don't agree that if "it quacks like a criminal case, it walks like a criminal case, therefore, it is a criminal case", because is handled by Facebook and not by a court. What's Facebook going to do? Fine you? Sentence you to Community Service? Send you to jail? Maybe the crux of the matter is that I don't believe people have a constitutional right to be able to post to on Facebook.
        zAy0LfpBZLC8mAC 9y ago
        > What's Facebook going to do? Fine you? Sentence you to Community Service? Send you to jail? Limit your ability to speak in public. > Maybe the crux of the matter is that I don't believe people have a constitutional right to be able to post to on Facebook. That is correct. But you have a constitutional right that the state does not prevent you from speaking in public (with relatively narrow exceptions), which includes the right that the state does not pressure/incentivise other people or corporations to limit your ability to speak in public. The fact that Facebook is allowed to prevent you from speaking does not mean that the state is allowed to tell them to stop you from speaking.
        TheSpiceIsLife 9y ago
        I'm glad we agree as to where we disagree, thank you for being reasonable and civil. > Limit your ability to speak in public. I disagree. I don't believe Facebook constitutes public speech. I'm open to be being persuaded though.
        Mithaldu 9y ago
        I don't think it even matters whether it is public speech or not. The constitution guarantees free speech only insofar it is not limited by "provisions of general laws, in provisions for the protection of young persons, and in the right to personal honour". And http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p1246 http://www.gesetze-im-internet.de/englisch_stgb/englisch_stg... sets forth some pretty serious limitations. Nowhere is it mentioned whether any of this happens in private or in public.

icebraining 9y ago

But Facebook is not doing whatever they want - they are doing whatever they believe they need to do to avoid violating the law.