[ThrowawayR2]

> "So, you think that we should circumstantially limit constitutionally protected rights, for the greater good?"

Why, yes, I do. Ask yourself: what was the various civil rights victories and legislation for minorities, women, LGBTQ other than saying "We are circumscribing your rights, including ones formerly interpreted as constitutionally protected, so that these protected classes may be treated equally, for the greater good"? Sounds like you'd argue against that.

[joshuamorton]

I mean, yes. I think that's fine. But that goes in both directions: if you're willing to sacrifice the speech of some for the speech of others, clearly either you aren't a free speech maximalist, or there is some inherent contradiction in what free speech is. Because if my free speech requires limiting yours, well...how do we decide whose speech is more important?

[ThrowawayR2]

I think a modern formulation of freedom of speech, like Article 19 of the UN Declaration of Human Rights, is clearer about what freedom of speech is: "Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." Note that this formulation doesn't have to descend into some sort of free speech maximalist apocalypse; spam is unprotected because it's not something anyone wants to receive, incitements to imminent violence are violations of other human rights and laws, etc. so moderation is still possible. There is a difference between interfering with parties who are mutually voluntarily communicating and helping parties not receive communications they voluntarily have decided that they don't want to receive.

(I was about to say that free speech maximalists are a myth but I do recall seeing at least one person on HN advocate such a view.)

And I agree there's a tension between the rights of different individuals/entities but the same tension exists for other civil and human rights. The compromise used for other civil rights seems reasonable here: everyone should be treated evenhandedly and impartially and, the larger the corporation/organization, the greater the responsibility to do so.

[joshuamorton]

> Note that this formulation doesn't have to descend into some sort of free speech maximalist apocalypse; spam is unprotected because it's not something anyone wants to receive, incitements to imminent violence are violations of other human rights and laws, etc. so moderation is still possible. There is a difference between interfering with parties who are mutually voluntarily communicating and helping parties not receive communications they voluntarily have decided that they don't want to receive.

Sure I accept this (note though, that the UDHR definition is incompatible with the US constitutional definition, but let's work with this one because I prefer it anyway).

You mention mutually voluntary communication. So the vital question is then: is you posting a video on youtube a voluntary communication with me? I don't see how it is. I can see this argument for email, but I don't see how you can claim that this is the case for Youtube without an apparent contradiction in that even if you and I want to communicate via youtube, Fred over there thinks that the video you posted is spam/inappropriate and should be blocked. That is, if you need mutual consent from all parties, there will always be people who don't want to watch a video, but it is shown to. Therefore I don't think your framing works either way. Either You and I aren't the mutual parties to the communication, in which case Youtube can withdraw its consent, or everyone is party to the communication, in which case Youtube has a responsibility to block the content on behalf of those other people.

> everyone should be treated evenhandedly and impartially

Are you claiming that people aren't? Who is being treated differently? As far as I can tell, the discrimination, insofar as it exists, is based on an idea that isn't specifically called out elsewhere in the UDHR (such as religion or race, in Article 18 or 2).

[ThrowawayR2]

I'm sorry but I'm not sure I follow the reasoning here. If we say that I posted the video (which falls under "imparting") and you intentionally searched for that video and viewed it (which falls under "seeking and receiving"), that seems like voluntary communication between us I would think. Fred may not want to see that video but that's a separate interaction between myself and him; I would wholeheartedly support Fred being offered tools to prevent my hypothetical video from being shown or offered to him. But blocking/removing the video so nobody can see it based on Fred's preference (or even the preferences of many like Fred or YouTube's preferences), how is that fair to you, who wanted to see it, and how is that fair to I who wanted my audience to find it if they looked for it? Fred might judge the video harmful but that gives Fred no standing to interfere any more than a stranger has a right to interfere with you purchasing a book from a bookstore because it's harmful.

[joshuamorton]

Well but did I intentionally search for that video, or did I search for, say, content about vaccines?

If you're saying the video is unlisted/private and sent to people on a mailing list over email, that's one thing, but I think you're arguing that YT should act as a distributor as well, and there's no way to "impartially" order search results.

[ThrowawayR2]

Nobody is forcing the searcher to view any of the content presented as search results and I think it's hard to make the case that mere exposure to unwanted search results is anything other than a minor irritation.

I think we would be in agreement that improvements in search and algorithmic identification of content would be a great thing so that people who don't want to see fringe content can be helped to avoid receiving it in their search results?