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by greenyoda 1641 days ago
> "Fact checking is censorship taken on behalf of protected opinions"

In this context, it is the fact checks that are claimed to be protected speech.

"Protected" refers to statements of opinions (as opposed to facts) being protected by law against allegations of defamation. For example, if I publish something as a factual statement, e.g., "Mark Zuckerberg is a criminal", I can be sued for defamation (if it is false). However, if I say "I think Mark Zuckerberg is a criminal", I can't be sued for defamation.[1]

Thus, Facebook is defending itself against a defamation suit by arguing that all its "fact check" labels are merely statements of the fact checker's opinion, not actual statements of fact.

In particular, the paragraph quoted in that Twitter post does not refer to any attempt to protect an opinion against "political enemies".

[1] See https://en.wikipedia.org/wiki/Defamation#United_States - In particular: 'Defenses to defamation that may defeat a lawsuit, including possible dismissal before trial, include the statement being one of opinion rather than fact or being "fair comment and criticism".'

1 comments

At no point prior to this claim in court has Facebook ever labeled one of their "Fact checks" as opinion. They've been passing them off as "objective".

I don't see how that's much different than a newspaper running front page stories that asserting that everything John Doe says is inaccurate then a year later saying "oh it was just our opinion".

I certainly agree that Facebook wants its users to believe that their "fact checks" are objective. But the quoted paragraph wasn't intended for the general public to see - it's trying to get a judge to dismiss a lawsuit against them. Facebook would like to have it both ways: credibility for users and deniability for people who want to sue them. I wonder if the judge will be convinced by their argument.