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It depends. Ought a society be able to create a policy to allow an exception to speech liability to encourage the growth of platform companies? Or, when YT host
by threatofrain 3y ago
It depends. Ought a society be able to create a policy to allow an exception to speech liability to encourage the growth of platform companies? Or, when YT hosts a pirated version of Naruto, are they responsible?
Because then, in some sense, what's hosted on YT is not YT speaking. But in another confusing sense, society sometimes sees it that way, so if YT becomes known for hosting unpleasant things it will damage their reputation overall.
- saghm 3y agoYou're conflating several different things here: civil liability, intellectual property, and a constitutional right to free speech without government interference. If you say something damaging to someone else (or violate their IP, I guess), and they successfully sue for damages, that's not the government limiting your speech, it's the government protecting the rights of someone else, because your rights don't trump anyone else's. Not being allowed to speak at a university isn't the same because you don't have a fundamental right to speak on other's property; in the same way that "freedom of speech" doesn't give you blanket protections for infringing IP, freedom of assembly doesn't give you blanket protections for trespassing. In both cases, the key point is that you have the right to say _what_ you want, but _where_ you can say it still needs to avoid infringing on others rights.