3 ms·
If twitter were a publisher, I'd agree, re: moderation being their right. They're not. They're a publicly offered service. That means being non-discriminatory.
by beerandt 6y ago
If twitter were a publisher, I'd agree, re: moderation being their right. They're not. They're a publicly offered service. That means being non-discriminatory.
And I'm not saying they can't moderate, just that it can't be based on political affiliation or views, any more than it could be based on the users race.
>The purpose of any website is completely arbitrary and determined by the creators.
They can call it what they want, but if they operate it as the town square, it's the town square. The same way that a trail over private land becomes an irrevocable public right-of-way, if the land owner doesn't prevent it from being used. Private rights are forfeited by not treating them as private.
Regardless, twitter openly admits it's purpose is public discourse, and designs it such that it encourages confrontational engagement.
>trespassing laws to arrest Marsh for distribution of religious pamphlets
You say tomato, I say being removed
from privately held, but publicly accessable property based only on the content of speech.
Getting kicked off the platform today is functionally equivalent to last centuries trespassing arrest/removal.
Forced removal from a defacto public forum for speech.
- root_axis 6y agoThe fact that you equate getting your posts removed from social media with being arrested means we're not operating in the same reality.
- beerandt 6y agoThe arrest is irrelevant. It's the forced removal from a public forum. If they could have accomplished that back then by simply clicking the ban button, I'm sure they would have. Arrest for trespass was merely the simplest means of removal available.
- root_axis 6y agoNo, that's totally wrong. The arrest is the entire legal foundation for the constitutional argument because the arresting officers are censoring speech in their capacity as agents of the state on the basis of legal statute (trespassing laws). Without the arrest there would have been no legal case at all. The 1st amendment restricts the actions of the state not the company town.