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42 U.S. Code § 3604. ...it shall be unlawful— (c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertiseme
by mastax 8y ago
42 U.S. Code § 3604.
...it shall be unlawful—
(c) To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap,familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.
- bilbo0s 8y agoYep. >or cause to be made... Key words here. Sure, the government should be going after individual advertisers too, but selective prosecution or not, Facebook is clearly in violation.
- will_brown 8y ago>Sure, the government should be going after individual advertisers too They probably will. But in this instance it’s much more appropriate the end FBs illegal business practices, rather than continuing to go after ad creators in perpetuity. Turn off the water and fix the leak instead of catching the drops, similar theory to local police flipping low level drug dealers to go after the suppliers.
- syntheticcdo 8y agoExactly, and the net effect of a single action against Facebook is greater than hundreds of actions against individual discriminatory landlords.Facebook can clean up it's act and prevent (to the best of its ability) legally discriminatory ads, which would deal a huge blow to those individuals who would have committed future discrimination.
- randyrand 8y agoHow did Facebook cause this to be made? The wording implies that it's meant to address the administrators that demanded such an ad be made. The ones who decided to make it. Who caused it to be made. Facebook is just the hardware store in this sense. They provide tools. And you make the billboard. They did not cause this to be made. edit: They still may be responsible for publishing it, which is illegal. I would think its a much better argument to go after them for that then the 'cause' to be made' argument.
- jlmorton 8y agoThe point is that it doesn't matter whether Facebook was involved in the creation of the ads, whether they support the ads, or anything else. They have a duty not to allow their platform to be used in this way, and until recently, they were failing to do that.
- randyrand 8y agoMaybe. Or maybe not. Can you find/cite the law that requires that? edit: ah. tunnel vision. yes the other parts of the statute would cover FB as partially culpable here. particularly the 'publish' part.
- ams6110 8y agoIt's right above in this subthread. "To make, print, or publish, or cause to be made, printed, or published"
- Sebguer 8y agoFacebook likely restricts and prevents other kinds of illegal ads. Why shouldn't they be responsible for restricting and preventing this kind of illegal ad?
- deleted 8y ago[deleted]
- rock_hard 8y agoIt's unreasonable to require a private company to do the governments job of policing and enforcing laws. Nobody would consider forcing hammer manufactures to police their customers not to hurt people with said hammers either
- Sebguer 8y agoThis is a nonsensical comparison. Facebook is the party that is serving these ads, using their own proprietary methodology for targeting. It's not like these consumers are printing fliers and distributing them on their own. Everything that is happening is happening 'within Facebook's house' so-to-speak.
- kyrieeschaton 8y agoNone of which is actually alleged. The allegation is that FB allowed ad targeting, not that they allowed ads that "indicated a preference... or an intention to make any such preference". It's classic regulatory overreach over the course of 50 years, from disallowing ads that explicitly forbid blacks, to forbidding advertising in venues that haven't paid their diversity tax.
- jakelazaroff 8y agoTargeting an ad specifically to avoid certain races indicates your intention to make such a preference. You're just telling Facebook you don't want those races rather than putting it in the actual ad text.
- deleted 8y ago[deleted]
- kyrieeschaton 8y agoI forgot, legally you're supposed to take the upsell on your ad package so you can target based on a love of kayaking and golden retrievers. (This is what I mean by "diversity tax".)