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by dfxm12 3018 days ago
Free speech means arguing against messages one disagrees with, or ignoring them, but not trying to suppress them.

No. Free speech refers to protection from the government censoring or jailing for speech they don't want said. If you're relying on a private company, especially one who retains the rights to take down your video at any time for any reason, to disseminate your speech and you're worried about them doing something with that speech, you're speaking wrong.

I know you mention lawmakers are "pressuring" them to make this change, and if that's true, then yes, this would encroach on our freedom of speech. However, I'm having a hard time finding anything that backs up that claim, and "pressuring" is still very different from a government outright telling YT what may or may not be on the platform.

3 comments

The US Supreme Court has a different opinion.

They have ruled that private areas acting as public forums are still subject to the first amendment. See Pruneyard Shopping Center v. Robins [1]

> A state can prohibit the private owner of a shopping center from using state trespass law to exclude peaceful expressive activity in the open areas of the shopping center.

[1] https://en.m.wikipedia.org/wiki/Pruneyard_Shopping_Center_v....

As the link you provided states, this decision applies to shopping centers in California, whose state supreme court has narrowed its applicability a few times over the years.

This simply doesn't apply to YouTube.

It’s easier to argue that YouTube, Twitter, etc. are public forums. So it seems to me that the argument would be even stronger.
Probably not. There's a reason why the decision was so narrow - they explicitly didn't want to set a widely applicable precedent.
Read the appeals cases. They curtailed spaces like Costco parking lots and strip malls without plazas or atriums, which are different than "common areas". Free speech in common areas was reaffirmed in 2012.

YouTube is clearly a common area.

> YouTube is clearly a common area.

YouTube isn't even an area, much less a common area. (Not to mention that the “common area” thing is not a federal Constitutional requirement but a judicial application of the positive rights in the California Constitution; it is not a First Amendment right.)

It's a publication in which user submissions that Google accepts will be published, possibly accompanied by ads from which revenue is shared with the submitter.

> They have ruled that private areas acting as public forums are still subject to the first amendment

No, they've ruled the opposite, as your own source explicitly states. Pruneyard permitted California to impose free speech obligations on property owners via the State Constitution that the Supreme Court had previously found were not required under the First Amendment. (In effect, it found that the federal First Amendment rights of the property owner did not extend to blocking the state action.)

This is a tired argument. Pretty much everyone knows the legal definition of free speech, pointing it out isn't doing anyone a service on HN.

Free speech is not simply a law. It's a concept society must both value and uphold, or it is a right only the popular and powerful have. If I can't even speak up outside work about my unpopular political beliefs without the economic death penalty - do we really have free speech? I'd argue not really. I don't care too much that the government can't jail me for it - that's a pretty low bar.

While I do agree Youtube has the right to ban whatever they like on their platform, I don't have to think it's a good thing for society - and I will absolutely continue to call these things an erosion of my free speech in society.

Without citizens that vehemently uphold free speech policies, the entire concept folds as soon as we start carving out ever-longer lists of exceptions of those who do not have it.

You are describing the First Amendment, not the concept of free speech.