Friday, July 9, 2021

Unintended Consequences

 If you say something on the Internet that your service provider feels is inappropriate they can take action against you for saying something that in other venues is perfectly acceptable under your First Amendment rights. The question I have is; Is that legal? The answer is a lot more complex than a simple yes or no.

The debate about banning speech on the internet started with the passage of the Telecommunications Act of 1996. Specifically Title V of the act was created as a response to minors access to pornography. During debate an amendment was added that became Section 230. That section was added to give the internet provider (including the social media networks) protection from liability after the Supreme Court ruled that operators of internet services are not publishers and are not legally liable for the words of third parties who use their services. The act was further amended in 2017 to make it illegal to knowingly assist, facilitate or support sex trafficking. The focus of the entire section is on pornography, but it includes words that allow the website to censor something that they, "in good faith" believe to be "otherwise objectionable"

So... is it legal? 

If you think the law applies only to pornography it's legal only if the subject matter is obscene (And even the Supreme Court shies away from defining that!) If you believe that the phrase "otherwise objectionable" means anything you want it to mean then the social networks are free to censor anything they want, using their own criteria.

My question is, Who is monitoring the monitors and isn't censorship the job of a government that is responsible to the people rather than the company owner?

I don't have an answer, only and opinion and mine is that if the "publisher" is not responsible for content than the First Amendment to the Constitution applies and I have an equal right to turn away from the originator of the content I find objectionable. If you think that the act is good for its intended purpose of protecting children from pornography there are more than a few apps that can be installed that shield minors from such websites and content.

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