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by TameAntelope
1698 days ago
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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. |
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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As for Hacker News, it might not survive in its present form should CDA 230 be repealed.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...