Who can see your viewing activity?
Hello! Looking forward to todays discussion.
Example: I left Facebook a couple of years ago, and then during the pandemic, many of my kids’ activities were live-streamed on Facebook. I had to watch swim meets and basketball games through my wife’s account.
How would you actually reform Section 230 and have it be Constitutional?
That’s one problem, Chris — a lot of the goals behind reform efforts (must-carry disfavored political speech, for example) have huge 1A problems. Those couldn’t survive under modern 1A jurisprudence.
There is already a test case, Woodhull. Any reform effort should wait for a decision in that case.
It’s why the state “social media censorship” bills out of Texas and Florida aren’t plausible solutions
But the most logical way to reform 230 is to repeal it, and then overturn Reno…bringing the internet into line with the model applied to broadcasters.
That’s a bad choice by the way.
Agreed - that’s a bad option
Then it can’t be done and be Constitutional. At least for now.
It’s so sticky Chris. The panel Jasmine was on last night — some of the best minds on this — struggle with the solutions. I do think it’s a multi-prong approach. Law alone will not crack this nut.
My student is writing her dissertation on unpublishing: https://rjionline.org/best-practices/unpublishing-may-be-a-catchy-term-but-does-it-accurately-encompass-the-issue/
Agreed, Tori. This isn’t a problem that law (especially U.S. law) can’t handle. As long as companies have huge financial incentives to host and spread misinfo/disinfo, they will. What ways, outside the law, can those incentives be shifted?
* can handle, I meant to say
I think the interesting part is that the public really wants change so that’s a starting point. I wonder about public boards working on platform mediation….Canada has local boards that help to mediate online conflicts. I wonder about govt subsidizing this. Something like news councils of the 1970s. I do think we need emphasis on reasonable content moderation.
Adam and Chip, what do you think of the shield law bill currently pending in the House and Senate?
I am conflicted about it.
Should reporters have special privileges while other citizens don’t?
Well said Chip
Wisconsin’s CRT Ban, passed the State House Yesterday
^^We’re tracking these at UNC and watching the bills, the EOs, etc.
I used to use school board meetings as the ultimate safety valve sample. #sad
Jan. 6 was a real test for the “safety valve” and I still haven’t resolved how to teach that. We’re seeing this in some of the violent anti-vaccine movements right now, too.
Exactly…the marketplace makes us wait on the correction. The problem is that violence can occur in the interim.
Chip: Action vs Speech? That’s my thinking on it.
The mixed speech/action questions are the most difficult
Well said Jasmine.
I think of the 5th circuit case where a police officer sued a BLM protest organizer because someone hit him with a brick. Lower courts an the first 5th circuit panel allowed the lawsuit against the protest organizer (purely speech!) before the full 5th circuit said the speech was protected by 1A. Sue the brick thrower, not the protest organizer.
Lots of small-d democratic norms are under attack these days, speech norms among them.
We can teach all the law we want but if the public is not behind the rule of law the rule of law loses power. This is what is scary for those of us who study the 1A ….
The BLM/McKesson case is still ongoing after the Supreme Court vacated the 5th Circuit ruling: https://www.ca5.uscourts.gov/opinions/pub/17/17-30864-CV3.pdf
Ban Finsta, obviously (jk)
ICYMI, a senator asked Facebook today if they would “end Finsta” https://www.ctpost.com/news/article/Facebook-chief-explains-Finsta-to-Blumenthal-16499890.php
And we’re watching it LIVE.
Great point Jasmine
I’m thinking more and more about these people…and whether they just simply need to go to jail or what needs to happen with them….whether to care.
To Adam’s point, I thought a key moment was when a Congress candidate from Montana assaulted a journalist the day before the election, still got elected, suffered no real consequences, and then was praised by the president and welcomed into the GOP caucus with open arms in 2017
The message was sent - beating journalists is OK. That normalized something that should never have been normalized.
Could online local papers be a training ground?
Look at the stories that get the most traffic on Facebook. Every day it’s not actual news orgs; it’s Daily Wire and Breitbart types. They dominate the space in the void left when people abandoned journalism institutions
Worth remembering that Gawker/Bollea was a Peter Thiel joint
I'm back....just don't have a camera!
The exhaustion is real.
I think I struggle with to what extent to we continue to talk to people engaging in anti-democratic practices, antithetical to the 1A, to what extent are these folks punished or addressed...are these folks reachable? Or do we simply move on and away from them? This is the struggle we're dealing with on my southern campus right now. It's all challenging but necessary to think about.
That’s a great point, Tori, and a real challenge.
I don’t think journalists have to be neutral about our commitment to truth, nor our opposition to fascists or anti-democracy forces
Would you post the name of those two books again, thank you!
Same here: Dallas Morning News, Texas Tribune, The Athletic. Pay for good journalism!
Thank you so much!!
Thank you all!
Thank you. Great information.
Thanks, all. Bravo, Jeremy!
Thank you very much!