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Thanks for expounding further. Your assessment with AirBnB relies very heavily on constitutional rights applying to corporate persons. In the US, they appear t
by bordercases 6y ago
Thanks for expounding further.
Your assessment with AirBnB relies very heavily on constitutional rights applying to corporate persons. In the US, they appear to, and in the admittedly little time I have spent looking into it, the precedent for the First Amendment being the basis of rulings for corporate persons is quite recent (only ten years ago with Citizens United v. FEC). Not that this refutes anything, directly – just leaves open the possibility for additional refinement to this interpretation in the future.
> no compelling interest
In the US – perhaps. The EU has been frequently at odds with Californian multinationals. Now Merkel and Marcon, who have been no friends of Trump or his supporters, are getting nervous that several corporate actors on this side of the West, can in conjunction turn off the flow of money and communications for political reasons. If regulations become authoritarian when they expand in scope and arbitrariness, perhaps we can label the regulations that these businesses provide (getting ever closer to the level of commodities and infrastructure, rather than mere luxury consumerism) as the onset of corporate authoritarianism.
You've claimed in other threads that this is primarily a boon to anti-trust as the mechanics for regulating corporate power. I agree with this. I also believe that you underrate the dynamic nature of the private-sector/public-sector relationship. The US government is no stranger to interacting with corporate businesses for their own ends. In the 20th century corporations were the primary means by which the US could construct its empire of foreign influence, next to the Navy and the atomic bomb.
Silicon Valley has proven an interesting exception to certain trends. Where post-WWII technological development was framed as American vs Japanese/Soviet, moving into the 21st century corporations began to associate consumerism with political values, beginning with environmentalism, and then towards social justice. Both consumers and executives became more ideological in a way which fed each other, associating domestic politics with the purchase decision.
This makes the relationship between SV and the government good when the government is progressive, bad when the government is conservative; and it creates an inward-facing form of political corporate power, rather than the outward facing version more familiar to the US. There is some nuance here – Musk and Thiel seem to have a newfound preference for Texas and Florida, owning up to SV's cost of operation, and in Thiel's case, ideological slant – but this trend still holds in the case of social media, payment processors, and hotels. In the last week I've also seen insurance companies get on board in removing the insurance of government officials that weren't specifically Trump.
This is all to say that I would expect more controversy surrounding this interpretation of the First Amendment or freedom of association in the corporate context, contingent on the different pressures that SV has in the future. In the short-run we can expect more willing partnerships between government and private business (over just DoD/In-Q-Tel funding), just based on the administration's alignment with their revealed political standings alone. I would ask, if the government forcing businesses to coordinate with them is scary, how much more for not forcing them?
The long-run will depend partially on Biden winning the good faith of American citizens beyond the initial ~50% that got him elected. Not doing so will make 2024 another slaughterhouse, and there will be likely a lot of conflict surrounding platforming again that, if lost, will make the precedents set in this presidential cycle blowback hard. Beyond that, countries in the EU and beyond have room to apply more pressure on SV which could result in large corporate breakups, or if not, a move in demographic from SV infrastructure to ones more local to each country. This would not be good for the US whatsoever – see for instance the current composition of the S&P 500.
In this way I wouldn't take your argument as final, if you are leaning on existing law. There is a lot of room for improvement, and if enough people are pissed off by the willing combination of corporations and the state in way which deprives certain classes of people for too long, the balance of infringement may not tip in this argument's favor.