3 ms·
I don't really agree with the ruling and framing in Anderson. It feels contrived to view Tiktok's algorithm as a First Amendment expression yet somehow separate
by jmyeet 5mo ago
I don't really agree with the ruling and framing in Anderson. It feels contrived to view Tiktok's algorithm as a First Amendment expression yet somehow separate that from the content being pushed on the fyp. I think a similar case is going to reach the appellate courts in a different circuit and they're going to reach a different conclusion and then the Supreme Court will get involved.
Section 230 isn't a limitation on speech and shouldn't be conflated as such. It's a liability issue for that speech.
Bringing this legal framework to HN I see three issues:
1. The flagging system is, I believe, largely automated. As such, it's user-driven and content-agnostic. But, flags can be reviewed and removed. Not sure how often that happens. Could that be an issue? My intuition says "no" but I'd probably have to think about it more to come up with a reason why;
2. Reddit lets you decide what order to see comments in. Newest, oldest, most popular, most controversial. HN doesn't. It used to be that you'd see vote counts and that got removed. I, personally, think that was a mistake. It at least gives the impression it's to hide just how much the thumb is on the scale. Personally, I prefer the transparency of the Reddit model. But would it be an issue with this interpretation of Section 230? It doesn't feel like it;
3. The general ranking of submissions. As any long-time user would know, some stories fall off the front page real quick. Some get flagged outright. There's user signal and action here but also direct admin action. Is this an issue? It doesn't feel like it, particularly because it seems to be largely content-agnostic. Dang has said they try and maintain quality by getting rid of low-quality posts or posts prone to flamewars. That's fair enough. I tend to think this avoidance of flamewars is abused by end users to trigger such actions if they don't like the topic. Thread arson is real.
The extreme end of being content agnostic is having a site full of raw milk drinking, Ivermectin and antisemitic conspiracy theories. Nobody wants that so it should be possible to maintain quality or even just a subject focus. Like a subreddit dedicated to model trains shouldn't have to suffer posts about raw milk.
It's a complex issue and I'm not sure how it's going to end. My main point is that the types of content suppression (and the opposite) done by the likes of Twitter and Meta platforms based on the content thereof will eventually draw the attention of the courts who will scrutinize those actions based on their intended goals and the net result will be that third-party strict liability immunity under Section 230 simply won't be absolute.