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>No they're not; the government has already shown itself able and willing to do an end-run around the First Amendment by e.g. pressurising payment processors to

>No they're not; the government has already shown itself able and willing to do an end-run around the First Amendment by e.g. pressurising payment processors to refuse to do business with such websites. I cannot see how a change to a law that's proposed by the enforcement arm of government will actually protect people from abuses done by that same enforcement arm. If they act in bad faith now, why assume good faith will follow? >you need to hold up your end of the bargain by hosting the kind of uncomfortable discussion that society needs. I don't think Amazon's user reviews are where uncomfortable discussions need to happen. But I do think the government demanding what should be discussed on servers owned by private citizens is a clear violation of the First Amendment.

lmm 6y ago
> I cannot see how a change to a law that's proposed by the enforcement arm of government will actually protect people from abuses done by that same enforcement arm. If they act in bad faith now, why assume good faith will follow? This seems like an argument that no government will ever reduce its own power, and so constitutional protections, due process etc. are all pointless. Even a single arm of the government is far from a monolith, and the boundaries of what government should and shouldn't do are always evolving. I'm sure this proposal isn't coming purely from the good of this administration's heart; part of it is public pressure, and part of it is the consideration that they may no longer be in power come November. But realpolitik is always a factor; good laws are still good laws. > I don't think Amazon's user reviews are where uncomfortable discussions need to happen. I'm sure a lot of vital IRL political discussion happens in the checkout queue at the supermarket (I'm sure that sounds like a joke, but I'm completely serious). As life moves online, we need a corresponding public sphere. > But I do think the government demanding what should be discussed on servers owned by private citizens is a clear violation of the First Amendment. Private citizens acting in their capacity as private citizens are still free to discuss whatever they like, or ban whatever discussion they like. If you want to have a capaciously moderated website that's fine, but such a website will not and cannot be a Section 230 public communications provider.

lmm 6y ago

> I cannot see how a change to a law that's proposed by the enforcement arm of government will actually protect people from abuses done by that same enforcement arm. If they act in bad faith now, why assume good faith will follow? This seems like an argument that no government will ever reduce its own power, and so constitutional protections, due process etc. are all pointless. Even a single arm of the government is far from a monolith, and the boundaries of what government should and shouldn't do are always evolving. I'm sure this proposal isn't coming purely from the good of this administration's heart; part of it is public pressure, and part of it is the consideration that they may no longer be in power come November. But realpolitik is always a factor; good laws are still good laws. > I don't think Amazon's user reviews are where uncomfortable discussions need to happen. I'm sure a lot of vital IRL political discussion happens in the checkout queue at the supermarket (I'm sure that sounds like a joke, but I'm completely serious). As life moves online, we need a corresponding public sphere. > But I do think the government demanding what should be discussed on servers owned by private citizens is a clear violation of the First Amendment. Private citizens acting in their capacity as private citizens are still free to discuss whatever they like, or ban whatever discussion they like. If you want to have a capaciously moderated website that's fine, but such a website will not and cannot be a Section 230 public communications provider.