4 ms·
This is such a hairy problem. On the one hand, the simplistic libertarian argument—“Private companies don’t have to host content they don’t like, period!”—fails
by DATACOMMANDER 7y ago
This is such a hairy problem. On the one hand, the simplistic libertarian argument—“Private companies don’t have to host content they don’t like, period!”—fails to convince because of the special legal status enjoyed by online platforms due to the CDA. On the other hand, it’s definitely not a straightforward first-amendment issue, because the first amendment is explicitly narrow: it bars congress from passing laws that restrict free speech. Perhaps the best argument I’ve come across is that private censorship is an issue of civil rights, rather than constitutionally-guaranteed civil liberties. The legal justification for, say, not allowing businesses of public accommodation to discriminate based on race doesn’t come from the constitution. Nevertheless, only a few on the far right want the CRA to be repealed.