[elicash]

I disagree, and am glad you clarified your position.

My view is that these companies are privately run and online communities should be free to run them as they wish. If, say, Christian Mingle wants to ban atheists from using the platform to spread their message, they should be allowed to do that without suddenly taking on liability for things like copyright infringement. If a woodworking community wants to ban discussion of politics, they should be allowed to do that without retribution. If a dating website wants to ban people who say gross things in a first message, there's nothing wrong with allowing them to exist and compete in the marketplace.

If I, as a user of social media, want to belong to a community that removes misinformation around the election, government shouldn't ban such a platform from allowing to exist (since without 230, that'd essentially be impossible). Companies should compete on an equal footing and shouldn't be penalized due to whatever speech policies they favor. It's not government's job to enforce neutral speech codes.

That said, I know some folks disagree and favor government taking a more active role in speech regulations in order to make sure nobody is banned from social media. While both Democrats and Republicans are pushing for changes, mostly only one side favors using the threat of law to enforce their will. It's not that you're genuinely concerned about things like copyright infringement -- you're clearly in favor of laws that would force social media companies to choose between removing the ability of its users to post without a legal review, or using the speech policy you favor, knowing they'll choose the latter. (Since, with so many posts, they couldn't exist with the former.)

[crusso]

If I, as a user of social media, want to belong to a community that removes misinformation around the election, government shouldn't ban such a platform from allowing to exist (since without 230,

You continue to indicate that you haven't actually listened to the arguments made.

The Republican argument is not about whether or not a company can censor information on their platform. In no way is it about the government's "banning" the existence of such a platform.

It's about whether or not the government should blanket protect companies from normal legal liability when they make publishing/editorial decisions over their users' content. That's what Section 230 does.

If Section 230 is removed or amended to the liking of Republicans, it won't be the government that punishes Twitter for their editorial/censoring decisions - it will be everyday people who can make a libel case based upon harm that Twitter caused them. Why should everyday people not be allowed their day in court if they can make a legitimate case of harm as a result of Twitter or Facebook policies?

[elicash]

If your concerns were truly about "everyday people" having a day in court, then it wouldn't be conditional upon these platforms not adopting your preferred speech policies.

Please explain why my woodworking community should be responsible for a user libeling another user about, say, their professional woodwork just because the forum has a "no politics" rule, for example. Or even a "politics sure but no Nazis" rule. What sense does this make? Let private companies compete in the marketplace. If folks don't like policies, they can switch services. No need to rewrite 230 to punish or reward companies based on their speech policies.

[_wwz4]

Your scenarios depend upon narrowly assumed premises that fail as soon as you put real people in the mix. Sure, if we lived in a perfect world where your woodworking moderators knew for a fact when libel was taking place or Nazis were posting - then we could all rest easily because they would de facto be preventing harm, not causing it.

But that's not the way it works. In reality, moderators don't know legal libel when they see it to the point that they should be automatically indemnified. We see in day-to-day life that not everyone who is accused of being a Nazi or a racist is one in fact. Sometime the accusation of being a Nazi is itself the libel, and if your woodworking moderators are participating in the perpetuation of that libel; then they should be held to account.

If your woodworking community, through moderation, decides to weigh in on user comments through moderation, badging, or editing; then it should be liable for any libel that it amplifies through its policies. If a person can show actual damage from those policies in court, then why should your woodworking community get a pass?

[elicash]

I agree, woodworking moderators wouldn't possibly know legal libel when they see it. Nor would any platform. But that's why every forum, website, blog, social media platform, whatever, would then have to adopt your preferred speech policy. Which, of course, is your intent.

I think the key dishonesty in your comment, whether you're aware of it or not, is this idea that "moderation, badging, or editing" is what would be "amplifying" libel. What sense does that make? How does removing a post that, say, promotes the KKK in a woodworking forum have anything to do with a user possibly-falsely claiming in the public forum that "Joe's Tables and Chairs" doesn't use walnut like they claim?

It's a bizarre claim you're making to justify tremendous government overreach in forcing tiny forums and a billion other websites like it on the web to adopt your preferred speech policies.

Edit: And by the way, I'm being very generous with my examples. For one, I'm assuming you're okay with removing ILLEGAL content, such as child porn, without the website owners being subject to lawsuits for libel and other things -- since they're required to remove those things regardless of 230. But also, what about very legal porn? Or what if a Nintendo Switch game forum removes somebody who posts "first!" as a reply to every thread?

If I'm misreading you, and your preferred policy is instead that these websites should be responsible for claims THEY make -- such as, if the owners call a user a Nazi -- well that's already CURRENT LAW! 230 doesn't grant protection there now. But they're not calling people Nazis -- also, I don't think that lawsuit would go far for reasons based in libel law -- so this never comes up. If you're saying they're "implying" people are Nazi's simply by removing content based on hate speech policies, again, 230 doesn't really apply there. It'd still fail under our libel laws, and any suit would fail on the merits.

Now, maybe you want to rewrite libel laws, too! That'd be a big government approach to even FURTHER regulate free speech, but it'd be difficult to write a law that made it possible to be sued just for implying somebody is a Nazi for something they wrote. Certainly it wouldn't pass Constitutional muster, so you'd have to rewrite the Constitution, too. The only Justice who has shown any openness to re-interpreting libel laws to further restrict speech is Justice Thomas and you'd have to go FAR beyond what he's called for.