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United States Social Networks

Tech Groups Ask Supreme Court To Review Texas Social Media Law 115

Trade groups that represent Meta and Alphabet's Google said they asked the US Supreme Court to overturn a Texas law that would sharply restrict the editorial discretion of social media companies. From a report: The appeal by NetChoice and the Computer & Communications Industry Association contends the Texas law violates the First Amendment by forcing social media companies to disseminate what they see as harmful speech and putting platforms at risk of being overrun by spam and bullying. The law "would wreak havoc by requiring transformational change to websites' operations," the groups argued. The New Orleans-based 5th US Circuit Court of Appeals upheld the law in September but left the measure on hold to allow time for an appeal to the Supreme Court.

The Texas law bars social media platforms with more than 50 million users from discriminating on the basis of viewpoint. Texas Governor Greg Abbott and other Republicans say the law is needed to protect conservative voices from being silenced. The appeal adds a new layer to a Supreme Court term that could reshape the legal rules for online content. The justices are already considering opening social media companies to lawsuits over the targeted recommendations they make to users.
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Tech Groups Ask Supreme Court To Review Texas Social Media Law

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  • So-called "conservatives" don't actually care about free speech. They don't even understand it.

    They want speech to come without any negative consequences. They also want to force private companies to platforms their speech.

    That's what this stupid Texas law is all about: They're trying to use the force of government to compel speech. It's disgusting.

    • Re: (Score:1, Troll)

      by KlomDark ( 6370 )

      No, and I say this as someone who almost always votes D, but it's gotten way over the top with the left's "censorship" (Yah yah government only blah blah, there are other forms of censorship besides legally-defined) of everything they disagree with. Can't really discuss things most places without getting zapped. I love to play the devil's advocate game, as I find that gives a depth to a surface-only discussion. As much as I generically hate Rs, they have a point on this one.

      • Re: (Score:2, Flamebait)

        by narcc ( 412956 )

        I say this as someone who almost always votes D

        You're a liar. We can tell form all of the right-wing bullshit you just posted.

        the left's "censorship"

        Get real. That isn't censorship, that's the free market at work. The "left" uses the power of speech and the power of the free market to fairly compete in the marketplace of ideas.

        The right, in contrast, is trying to use the force of government to either suppress or compel any speech they don't like.

        One of those is a problem. They other is not.

    • And I run across quite a few conservatives who are all for shutting up people they disagree with. More of the same old thinking that rights are for us but not for you. The same person, almost on the same day, is arguing for freedom of religion but then turns around and complains about a mosque saying "they shouldn't allow that." The person just did not see the hypocrisy there. Also, sharia law bad but banning birth control is good. And ban the books, guilty books, innocent books, just ban them all and le

    • A fiscal conservative would spend millions of dollars if it annoyed a liberal for a few minutes.

    • Most people don't care about free speech regardless of political leaning. I only wish companies were required to be honest in that whatever rules they might have must be applied even-handedly. It's pretty obvious that Twitter didn't do this, and outside of high profile cases it would be fucking impossible for them to actually do so anyway given the volume of traffic. I'm of the opinion that it's best to let it all through and let individuals curate what they want to see, but can understand and respect a pri
      • by narcc ( 412956 )

        It's pretty obvious that Twitter didn't do this

        Oh? Then I suppose you can show us some actual evidence to support that rather bold claim? It sounds like complete bullshit to me.

        I'm of the opinion that it's best to let it all through and let individuals curate what they want to see, but can understand and respect a private company that wants to set its own bounds.

        That's absurd. Every site that has tried that has been almost instantly filled with scams and kiddie porn. You know this. Is that what want?

  • Tech companies should not be deciding what can and can't be said. Yes, horrible things will be said. No one has the right to not be offended. Bad things can always be shot down with facts and even when there are idiots that can't be reasoned with, the cost of censorship is too high... eventually it will be something that matters to you that gets shot down and silenced. The only things that should be silenced without question are threats of direct harm. I was on a subreddit the other day on a thread that was

    • by KlomDark ( 6370 )

      This! Sorry I'm out of mod points today! Silencing leads to bubbles which leads to being totally out of touch with reality.

    • Tech companies should not be deciding what can and can't be said. Yes, horrible things will be said.

      We've found out the hard way that roughly 5% of the population are highly susceptible to conspiracies and hate speech so much that they harass and/or physically attack others to "protect society from evil-doers".

      Do you want to force larger social media companies to carry material that will trigger that 5% into doing something horrible to someone else? I wouldn't want that on my head as a site owner.

    • Yeah, they should (Score:3, Insightful)

      by rsilvergun ( 571051 )
      it's their website. Always funny to see how fascists are all in favor of private property rights until somebody does something with their property you don't like.

      It's all about power with you guys. Having it and yielding it. There's no hypocrisy with you because every thought and action is about imposing your personal beliefs on other people. Go back and read 1984. That was a central theme. It's why Freedom is Slavery.
      • by AmiMoJo ( 196126 )

        Might as well head off the "Twitter is the new town square" argument too. Twitter is actually one of the smaller networks. Tiny compared to Facebook.

        Facebook is dominated by the far right already, so they don't care about it. The Facebook demographic is older and they want the youth on Twitter to be forced to read their stuff.

    • Tech companies should not be deciding what can and can't be said.

      Tech companies are not charities, they're running a business which requires a source of income to stay solvent. For social media companies, that income comes primarily from advertising and the companies producing those ads spend insane amounts of money to make sure that the image they are curating of their company is presented in a very specific manner.

      Yes, horrible things will be said.

      And that's the rub when the virtually sole source of in

      • by AmiMoJo ( 196126 )

        Musk is talking about making Twitter a subscription platform, but also seems to be doing good best to make sure nobody except the far right would want to pay for it.

    • Tech companies should not be deciding what can and can't be said. Yes, horrible things will be said. No one has the right to not be offended. Bad things can always be shot down with facts and even when there are idiots that can't be reasoned with, the cost of censorship is too high... eventually it will be something that matters to you that gets shot down and silenced.

      Then why are you on /.? What's moderation but another form of censorship? One that's driven by politics much more than anything on Facebook or Twitter (well, historically at least).

      In fact, what's the current user count here? I see from one of the UID's here there's at least 10m accounts but we're probably well short of the 50m mark so we don't have to worry that /. will be forced to turn off moderation...

      Note, there's good reasons why they set the mark at 50m. If you lowered it to something like 50 users y

      • I tend to browser a -1 so I see everything. I try to use my mod points to boost well thought out posts or if they are just funny. The mod system is also kind of like a little popularity contest as a poster.

        Sometimes you post and you could not care less and you even smile at the troll mod you got. Other times it can be a little game to see if your post will get a +5 or not. A lot of times it's getting your post early in the thread.

        It's all in the fun and I would hate it if they ever changed that. Seeing ever

    • The right-wing Red Scare/NWO/CFR/Arkancide/Crisis Actor/Jade Helm/Plandemic/Qanon/My Pillow insanity has been a key component of the GOP electorate for literally longer than I have been alive. It isn't social media censorship that drove them crazy.

      You have made common cause with a bunch of nut and you probably have to listen to them as part of your coalition. But the rest of society has the right to separate signal from noise.

      In some forums saying unpopular things means downmodding (slashdot) and in others,

      • In some forums saying unpopular things means downmodding (slashdot) and in others, the banhammer (Truth, Gab, Parler, Twitter) . That is part of the freedom of association protected by the First Amendment. Government officials in Texas should try reading it.

        Government officials in Texas think being able to read is a liberal plot.

    • Re: (Score:2, Insightful)

      Tech companies should not be deciding what can and can't be said.

      So the solution is for the government to tell the tech companies what speech they are allowed? Infringe the speech of another to mandate yours. Makes perfect sense.

    • Tech companies aren't deciding what can and can't be said. They're free to decide what they will, and won't rebroadcast though. I've yet to have twitter show up at my house and tell me I can't say something. Nor has *anyone*
    • The internet runs on advertising and advertisers have the right to pick and choose who they do business with. They can leave if your users attempt to overthrow a government, they can leave if video surfaces of Zuck picking his nose.

      This is the reality that has to be dealt with. I am expecting someone to unironically suggest an anti-boycotting law so they can preserve their freedom to post that Heinz 57 enemas protect you from COVID.

    • Tech companies should not be deciding what can and can't be said.

      Why do only Tech companies not deserve to be able to make such decisions? The Supreme Court granted corporations the right to make their views known in Citizens United.

      • Why do only Tech companies not deserve to be able to make such decisions? The Supreme Court granted corporations the right to make their views known in Citizens United.

        They will have to rationalize like crazy to muzzle tech companies freedom of speech without overturning Citizens United. Will be both funny and sad to watch in any case.

    • by Ichijo ( 607641 )

      Bad things can always be shot down with facts

      That doesn't work very well because bad things travel 6 times faster than facts. [pbs.org] So facts need some kind of help (like a golf handicap) in order to play on a level playing field with misinformation.

    • This is the same as requiring newspapers to publish every email and letter to the editor received. It is unworkable.
    • by tsqr ( 808554 )

      Bad things can always be shot down with facts

      You'd like to think so. Unfortunately, there are an awful lot of people with strong opinions who seem to think their opinions are facts. Some of that sort of thing results from poor critical thinking skills, like the folks who see a correlation that reinforces their bias as confirmation. Some of it stems from a desire to be part of a group, as in "all my friends believe this, so it must be true". Some of it results from living in echo chambers, where groupthink solidifies into incontrovertible truth. And lo

    • Tech companies should not be deciding what can and can't be said.

      And they do not. Except when you say it on their platform.

      Just as you get to decide who comes to your home and says things there. You can tell them to STFU and GTFO. One person's rights end where the next person's rights begin.

      Also there is this law, you may have missed it -it was written in 1996, called the Communications Decency Act. It specifically says that they can censor things on their platforms if they choose to.

      https://www.law.cornell.edu/us... [cornell.edu]

    • by NEW22 ( 137070 )

      Get a web site. Say anything you want. Don't force other people to carry your speech (and pay the bill for it) when you can just do it yourself on your own site as an independent citizen that's not in a co-dependent relationship with someone else's social media site. Bobby's N64 Golden Eye forum shouldn't have to carry someone's rant about "The Jews" or whatever if it doesn't want to, nor should any other collection of folks that put together a company that grows larger than Bobby's N64 Golden Eye forums.

    • Tech companies should not be deciding what can and can't be said

      Congratulations! They're not. They are merely deciding whether they will allow their privately owned resources to be used for particular speech. You can still say whatever you want to say, just possibly without their help and thus not on their site.

  • Quite nice to see this
  • the governor of Texas has made a list of all known trans people in Texas.

    It's a good thing nothing bad ever happens when gov't officials make lists of minorities they have repeatedly expressed dislike of.

    Seriously, if you're LGBTQ+ in Texas get out if you can, and buy guns if you can't.

    And if you're not LGBTQ+, you're next. Dictators always eventually go ape shit and start killing people. Just like Putin.
  • by cyberfunkr ( 591238 ) on Friday December 16, 2022 @04:37PM (#63136594)

    I am speaking as the owner of one or more websites that have a social media aspect...

    As the owner, I want to be able to put that same sign on my "front door" as the local coffee shop. Anyone can come in and and create a profile, but if their words or their actions are malicious, then I should have the right to remove them from my service. As stated in this article from findlaw.com{1}:

    "[...]It simply means that you need a legitimate business reason to [refuse service].
    You can usually refuse service in the following situations:
    * When a customer is not properly dressed
    * When a customer has been, or is being, disruptive
    * When a customer harasses your employees or other customers
    * When there are safety concerns
    * When you know someone can't, or won't, pay
    * When a customer is intoxicated or high
    * When you need to protect another customer's privacy"

    So if someone creates a profile and then starts spouting hate speech, the administration of the website should have the right to kick them off the site, or at the very least, silence them so they do not disturb all of our other customers.

    This same philosophy can even work on sites like Facebook. If you want to talk about what a proud boy you are and that you are a true American for not getting a shot, then go for it.. On your own forum, on your own page. Not on my Dungeons and Dragons page. And Facebook needs to supply the tools so I do not need to see those posts. Don't "recommend" them, don't suggest "You might know" or "Other people you follow listen to this".{2} And in turn, if I go on those pages and talk crap about the things they believe, they have every right to ban me from those pages.

    Freedom of speech only says that the government cannot stifle what someone says. It does not hold water for private business, and it doesn't mean I have to listen/pay attention/believe what you say. Keep your soap box, but take it somewhere else.

    1. https://www.findlaw.com/legalb... [findlaw.com]
    2. Never going to happen. Can't even get Facebook to stop offering to post "Memories" of my dog that passed away. Heartache every time they pop up.

    • by mjwx ( 966435 )

      I am speaking as the owner of one or more websites that have a social media aspect...

      As the owner, I want to be able to put that same sign on my "front door" as the local coffee shop. Anyone can come in and and create a profile, but if their words or their actions are malicious, then I should have the right to remove them from my service. As stated in this article from findlaw.com{1}:

      "[...]It simply means that you need a legitimate business reason to [refuse service].
      You can usually refuse service in the following situations:
      * When a customer is not properly dressed
      * When a customer has been, or is being, disruptive
      * When a customer harasses your employees or other customers
      * When there are safety concerns
      * When you know someone can't, or won't, pay
      * When a customer is intoxicated or high
      * When you need to protect another customer's privacy"

      So if someone creates a profile and then starts spouting hate speech, the administration of the website should have the right to kick them off the site, or at the very least, silence them so they do not disturb all of our other customers.

      This same philosophy can even work on sites like Facebook. If you want to talk about what a proud boy you are and that you are a true American for not getting a shot, then go for it.. On your own forum, on your own page. Not on my Dungeons and Dragons page. And Facebook needs to supply the tools so I do not need to see those posts. Don't "recommend" them, don't suggest "You might know" or "Other people you follow listen to this".{2} And in turn, if I go on those pages and talk crap about the things they believe, they have every right to ban me from those pages.

      Freedom of speech only says that the government cannot stifle what someone says. It does not hold water for private business, and it doesn't mean I have to listen/pay attention/believe what you say. Keep your soap box, but take it somewhere else.

      1. https://www.findlaw.com/legalb... [findlaw.com]
      2. Never going to happen. Can't even get Facebook to stop offering to post "Memories" of my dog that passed away. Heartache every time they pop up.

      In the UK, unless you're an essential service or in another way, "in the public interest" you can refuse service for any reason. A sporting goods store or restaurant could ban me for anything, however a supermarket or airline would have to get that court enforced as they're essential services.

      A few years back a UK (Northern Ireland based) baker refused to bake a cake for a gay wedding... The couple sued and the court ruled on the side of the baker because they shouldn't be forced to do something they co

      • by ezkel ( 10261198 )
        @cyberfunr Many websites fall into the category you are describing, but not all. In my view the role social media networks play appears much closer to that of utilities. So, broadly applied in your scenario your cellular provider should be allowed to cancel your service because of what you spout. This then begs the question, are they only justified in cancelling you for what you spout over their communications network or does it extend to what they perceive about you on other networks/forums? If the answer
    • Freedom of speech only says that the government cannot stifle what someone says

      Don't confuse "Freedom of speech" with "the first amendment." They are related, but not identical, concepts and you just confused them.

  • Every ideal I've heard that party is stand for, seems to only get trotted out when it aligns with what they want at the moment.

    Whatever your political leaning - progressive, conservative, or otherwise - I can respect that. But if you lie about the reasons for the positions you take, your very ideals...

    Then there's no position to respect, because nobody knows what it is.
  • The liberals always whine about freedom of speech because they seem to think the Constitution says it only applies to liberals who are then free to quash the freedoms of those they disagree with.

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