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People are making normative arguments, not legal arguments. We are aware that this is legal, just like it used to be legal to discriminate in hiring practices against black people. Taibbi is suggesting that if you can't trust the people not to post error and lies, how can you trust the oligarchs and officials? Especially if your access to alternative perspectives is limited. Read for yourself: >> Cutting down the public’s ability to flip out removes one of the only real checks on the most dangerous kind of fake news, the official lie. Imagine if these mechanisms had been in place in the past. Would we disallow published claims that the Missile Gap was a fake? That the Gulf of Tonkin incident was staged? How about Watergate, a wild theory about cheating in a presidential election that was universally disbelieved by “reputable” news agencies, until it wasn’t? It’s not hard to imagine a future where authorities would ask tech platforms to quell “conspiracy theories” about everything from poisoned water systems to war crimes. |
Historically there's been a burden of proof for wild claims because it's been hard to get a huge mass audience. And people with those audiences were reluctant to repeat whatever wild bullshit was proposed to them if they couldn't vet it themselves.
If you didn't have your own credibility, you had to convince those who did to run your stuff. The cost of this is that it's slower to break things, and some stuff gets missed.
Unmoderated internet platforms with algorithmic jumps between otherwise-unconnected publishers let you borrow and hijack other people's credibility and platforms.
Why those platforms shouldn't be allowed to have editorial control - given that maintaining a certain reputation will still be critical for their long-term success - is beyond me and seems to have obvious un-American problems (infringement on their own private rights).
The trade-off being desired also seems fundamentally bad. More people being misled more quickly seems like a worse situation than slower breaking of news and the ability to suppress some stories, given that we were still able to break those stories you mention in the past. (Of course, I don't know what else might have been more widely reported in the past... I'm having to rely on a "we didn't feel like we were living in a totalitarian dystopia in the 60s-through-80s" assumption.)