Censorship to avoid censorship
According to my limited understanding of a judgement handed down in the US Supreme Court on Tuesday last, FaceBook, in the person of NetChoice, has argued that it is a publisher of the views that all of us express in that forum. That therefore seems to suggest that the views we are permitted to express are at the very least approved by, if not the official position of, FaceBook, on any matter on which we speak. Given the diversity of views expressed here one can only suggest that a house divided against itself cannot stand [for very long], for many views here expressed will contradict other views. Ah well, if you see any of my posts disappear, you will now understand why.
Of course, the argument is a double edged sword on which these companies may themselves fall, for if they are the publisher, not merely the soap box in the corner of the Park from which we may express our views, then they have additional responsibilities over what we say. If we violate copyright and they publish the material, then who is responsible? Is not the publisher the responsible person? I then for one can rest quietly over a potential copyright violation in recent days; though I hasten to add that I have sought all the necessary permissions.
Actually what they argued was expressed in this way: ‘it would be a violation of their right to free speech, which includes the freedom of private companies to decide what content to publish on their platforms, to require them not to censor any content.’ So they get to choose whether they will let us say what we want to say.
One problem with the judgement is that it lacks a reasoned explanation of the grounds on which it was made, so we do not know which of the arguments presented, if any at all, led the judges to reach their decision. The main document of No. 21A720 is fascinating but dense. There was no link to the judgement at the time I wrote this.
I should now stop digging and allow one of my Irish friends to correct me on every point that I have made in the most delightful and inimitable manner for which he/she is so well known.
Indented this 19th day of May 2022 (JC), but our ISP had a problem on that day so we are late. Two days have now to go unto the finale.