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by TameAntelope 1698 days ago
That doesn't matter, because The First Amendment still prevents the US government from stopping YouTube from existing as a platform for content it does not produce. It's a simple concept of "who did this?" and if it's not YouTube, then it's not liable.

I notice you ignored completely the articles I linked, and didn't even bother to address the myriad arguments put forward by legal experts on this issue. I assume that's because you have no legal standing whatsoever, and would prefer to just say, "This is what I want and I don't care if the country has to cease to exist first."

Additionally, I find it highly hypocritical that you post such an opinion on a platform that would be shut down, were you to magically get your way. When you have to express your opinion in a way that wouldn't be allowed if your opinion were shared, you might want to rethink your position. It makes your position look wholly unconsidered, which it apparently is.

1 comments

I can address your articles, but they're at odds with one another. More specifically, the Harvard one claims CDA 230 is superfluous, while the Notre Dame one argues it is essential (to the internet as currently structured). I would say the Notre Dame one is correct.

The big flaw is revealed in the Lawfare blog:

"[CDA 230] merely ensures that courts will quickly dismiss lawsuits that would have been dismissed anyway on First Amendment grounds—but with far less hassle, stress and expense. At the scale of the billions of pieces of content posted by users every day, that liability shield is essential to ensure that website owners aren’t forced to abandon their right to moderate content by a tsunami of meritless but costly litigation."

The principle here isn't whether all the cases have merit or not; it is that every individual gets their day in court. That is, it is up to the courts to decide the merit of a case based on fact, which, of course, is case-dependent [1].

Denying individuals access to the courts makes them bear a cost. That cost should, in truth, be borne by Big Tech and subtracted from its profits.

As for Hacker News, it might not survive in its present form should CDA 230 be repealed. That's OK, though. Perhaps it would become PG's blog, and I would have to start my own blog to comment on matters of the day. That's entirely acceptable, and I don't find it hypocritical.

[1] https://www.rcfp.org/supreme-court-will-not-hear-letter-edit...

The citations all agree that the 1st Amendment covers the part of Section 230 that you want to repeal. They disagree on the extent and impact, but they all fundamentally agree that Section 230 plays a role as a shortcut through litigation. You haven't addressed any of that, because it completely defeats your argument.

There would be one case, it would go to the Supreme Court, and would reinforce the key components of Section 230. YouTube, as a concept, will never go away, no matter what you want, because the 1st Amendment exists. Every individual would not get their day in court, as a precedent would be set and future lawsuits would be thrown out quickly, just as they are today.

Honestly, this smacks of bitter childishness; you want to hurt Google and you think this is the best way to do it. It is not, because it would not. It hurts no one, and would be re-resolved within the very next Supreme Court session, so no more than ~6 months. This childishness is reinforced by your acceptance that the platform you're writing on would not exist. You may not see that as hypocritical, but I and nearly everyone else who reads this does. It, alone, weakens your argument substantially.

Please read your citation:

https://scholarship.law.nd.edu/ndlr_online/vol95/iss1/3/

Newspapers do not enjoy CDA 230 protection. They face actual liabilities and carry liability insurance, a cost. Without CDA 230, these liabilities will not disappear for Big Tech by one case going to the Supreme Court in 6 months. We've seen the opposite with the Supreme Court not hearing at least one letter-to-the-editor libel case for newspapers [1].

Finally, It is not guaranteed that Hacker News would cease to exist. It might need liability insurance or change in some other way. All I know is that things would be different and better.

[1] https://www.rcfp.org/supreme-court-will-not-hear-letter-edit...

I did read my citation. Ice cream trucks also don't have CDA 230 protection. What's your point? YouTube and the NYT are fundamentally different businesses, pretending otherwise is a waste of time, and further indulging your "This windmill is a dragon!" delusion.

This is a temper tantrum, and will never pass legislative or judicial muster. Enjoy YouTube, because its kind of site is sticking around forever.

This reminds me of a temper tantrum someone else threw on Twitter, claiming to leave the platform for an "a censorship-resistant technology: RSS". Did HN suddenly become exclusively based on RSS? No? Interesting. It's almost as if this is a post-hoc argument concocted to try and justify a childish fit.

Edit: You also shared propaganda on your Twitter feed about Hunter Biden's laptop, so it's pretty clear where your allegiances lie. Yet again, another conservative cries foul when an institution doesn't support his ideas.

I'm done here, I only engage with adults, which you clearly are not.

YouTube and the NYT are fundamentally different businesses BECAUSE of CDA 230.

You're right that YouTube will exist as long as CDA 230 exists. However, if CDA 230 is ever repealed, YouTube will have to change as its business model is not protected by the 1st Amendment but by an act of Congress.

Ad hominem arguments are ignored.

Not an ad hominem. Your argument is bad because you don't support it with anything other than blind assertions. You also are clearly motivated by your political beliefs, which makes your selection of facts, should you choose to bring any facts to this discussion, suspect.