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by jerf 3055 days ago
"As long as it's not government driven, censorship is perfectly fine"

This is sort of begging the question though, since the question at hand in a way is precisely whether that is still a good manifestation of the free speech ideal. A good case could be made that scale critically matters; your tiny football forum of like a couple hundred people can make whatever rules it wants, and anyone who doesn't like it can easily just go somewhere else.

On the other hand, if Level 3, the internet backbone provider, hypothetically started censoring based on the content of what was going through their network, we'd have a free speech problem.

I don't think it's that shocking an idea that Facebook and Twitter are now large enough that they should be obligated to take a very light hand, basically the minimum the government permits, on the grounds that free speech is not something that should be killable by the simple expedient of making as much communication as possible flow through commercial entities, then freely applying arbitrary censorship to the communication because it's a private entity. It isn't even that far of a trip before the government "requires" things of the companies that produce this result with some clever plausibly-deniable requirements, and thus free speech is just mysteriously suppressed even though it's nobody's "fault". If free speech is that fragile, it's materially ceased to be free speech.

I'm pragmatic about free speech, not legally deterministic. I want the effect of free speech, not a legal form of free speech that yet somehow lacks the effects.