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>> It's a private company. They can do that if they want. > What I find more interesting is that when that same argument is used in other situations, such a sm
by ardy42 6y ago
>> It's a private company. They can do that if they want.
> What I find more interesting is that when that same argument is used in other situations, such a small businesses deciding to open during the lockdown, it is routinely down voted and shouted down.
The key concept is that it would be a violation of Facebook's First Amendment rights to forbid them from banning their users (i.e. force them to carry their messages). It would be compelled speech/compelled association.
Your example about businesses defying covid lockdowns is a completely different thing. Being a private company is not a license to do whatever you want: Facebook still has to comply with the law, as do those businesses.
If you're looking for something that looks like a contradiction, the one you're looking for is antidescrimination law: why can Facebook ban users of type X because it's a private company, but it's illegal for a wedding cake maker to refuse customers of type Y? If you're looking at it simply as a legalistic First Amendment thing, the situations look they should be the same. If they're not, it's because it's not a simple First Amendment thing, and other principles and context have to be balanced with First Amendment principles.
- goatcode 6y ago> it's because it's not a simple First Amendment thing Or maybe governments don't always follow the law. That's a possibility too.
- ardy42 6y ago> Or maybe governments don't always follow the law. That's a possibility too. It is, but I think it's way more common for people to be broadly ignorant of the law and legal concepts except a few little bits about some rights that they believe very strongly and rigidly. It's sort of like software requirements: things usually seem simplest at the beginning, when you know the least. Then you learn more and the requirements get complicated match the actual needs. Then sometimes you get some cowboy who comes in later, makes a flash judgement on little understanding that things should be simpler, and then either breaks everything or re-discovers the lessons you already figured out.