The Were/Was Army: "Nooo you can't just vaporize my entire armored division, we had such a manly recruitment ad!"
The They/Them Army: "Omg integrated fire support?? Go off queen sksksks, JDAMs are such a gemini thing."
That's where I said the First Amendment comes in. If both the microphone owner wants them to use it, and the person wants to use the microphone, then that is a voluntary agreement. Both of them have First Amendment rights, including both speech, as well as association.
You argued "common law" as your basis, so deal with the "common law" as the basis when it works against you. Of course, if you want to come up with another argument besides that, let me know.
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My issue is with protecting constitutional rights.
The difference with a company doing it, is I can simply stop using it. Hell, I stopped using Facebook. So, this is not my argument, merely your improper interpretation.
Please point me to the part of Section 230 that entitles people to use that microphone.
I argued Falwell v. Hustler as my basis for pointing out your assertion that truth is the distinguishing factor was wrong. Not sure how that implies support for Citizens United unless one believes that you can't like some laws but not others.You argued "common law" as your basis
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Indeed, because on your part "constitutional rights" are a convenient cudgel in aforementioned "government bad" crusade rather than because said rights actually furnish people's welfare.
You have in excess of 191 other countries to choose from, too.The difference with a company doing it, is I can simply stop using it.
The Were/Was Army: "Nooo you can't just vaporize my entire armored division, we had such a manly recruitment ad!"
The They/Them Army: "Omg integrated fire support?? Go off queen sksksks, JDAMs are such a gemini thing."
Once again, that's where the First Amendment comes into play.
I pointed to both for a reason.
Hustler won, which was a win for free speech, and limited the ability to punish speech. Not only that, the truth is protection against attempts to stifle speech. That's why I cited the California law, because it requires that the statements be false. Since the statements are true, then it's a non-starter.
Your argument was "common law," so the argument against you is "common law."
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Once again, this is what you keep pretending it is, when I have been very consistent that this is about protecting rights.
Of course, if you don't like it, you can use your own argument, and pick one of those other countries, instead of trying to stifle free speech.
So it's not actually a function of Section 230 but rather what you want the First Amendment to say. Good to know.
Without removing it; ergo, free speech and some level of restriction are not incompatible and your slippery slope fallacies are just that.Hustler won, which was a win for free speech, and limited the ability to punish speech.
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That's nice. Still means your "I can choose not to use Facebook but I'm stuck with the US government" was a false statement, though.![]()
The Were/Was Army: "Nooo you can't just vaporize my entire armored division, we had such a manly recruitment ad!"
The They/Them Army: "Omg integrated fire support?? Go off queen sksksks, JDAMs are such a gemini thing."
Then you can stop complaining about restrictions of harmful speech.
If you're gonna go back to that, I'm gonna bring this up again, because you're being a hypocrite and trying to have things both ways.
Literally no one was talking about libel laws in this respect. It's not libel, in the first place.Except, this would mean punishing the literal and objective truth. So, we both agree libel laws will not cut it.
Trivially irrelevant, since if misinformation is not protected speech, it's not covered by the First Amendment in the first place.We also agree that corporations have the First Amendment rights.
If you're talking about practical realities, with a proto-Fascist GOP using these exact propaganda tools themselves, fine.So, the only way to do this, would be new legislation, which would not only be nearly impossible to pass, would have to dramatically impact the First Amendment rights of those social media companies, as well as those pushing that misinformation. Any law would be immediately challenged, and rightfully so.
If you're talking about what ought to happen, it shouldn't be "nearly impossible", it would only have comparable "impacts" as banning child porn. So where's the grounds for legitimate challenge?
I even gave you the full reading of Section 230, it's why I also pointed to the 1st Amendment.
Here you go:
https://www.law.cornell.edu/constitu...irst_amendment
Some levels of restriction exist, nobody ever argued otherwise. Meanwhile, this is entirely different, because it's not about slanderous, libelous, or defamatory speech.
The Were/Was Army: "Nooo you can't just vaporize my entire armored division, we had such a manly recruitment ad!"
The They/Them Army: "Omg integrated fire support?? Go off queen sksksks, JDAMs are such a gemini thing."
Once again, not only do you have to show harm, you also have to show intent. And, in the case of slander and libel, you'd have to show them to be false statements.
They are not false statements.
People were talking about them, because they cited rulings based on them.
You keep trying to compare it to child porn, which is fuckin stupid. These are factual statements, that are not against the law. That's like comparing a scathing Yelp review to rape.
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No, I pointed to THIS attempt as a slippery slope. I believe I was specifically referring to the government silencing verifiably truthful statements.
It goes so far beyond current precedent, that it's not even in the same neighborhood.
The Were/Was Army: "Nooo you can't just vaporize my entire armored division, we had such a manly recruitment ad!"
The They/Them Army: "Omg integrated fire support?? Go off queen sksksks, JDAMs are such a gemini thing."
Good thing we aren't talking about libel in the case of social media.
It's restricting the use of true statements to spread false stories (i.e. misinformation). Critical difference, not sure why you're having a hard time with it besides irrational fear about the government.This is literally trying to restrict verifiably-true statements.
The Were/Was Army: "Nooo you can't just vaporize my entire armored division, we had such a manly recruitment ad!"
The They/Them Army: "Omg integrated fire support?? Go off queen sksksks, JDAMs are such a gemini thing."
A hypothetical future law regulating social media. You know, an ought argument.
I like how you have to fall back on the dysfunction of the American system as a defense rather than actually being able to justify why misinformation should be protected speech. Lol.When dealing with things that are largely subjective, the courts are going to stick with protecting speech.
The Were/Was Army: "Nooo you can't just vaporize my entire armored division, we had such a manly recruitment ad!"
The They/Them Army: "Omg integrated fire support?? Go off queen sksksks, JDAMs are such a gemini thing."
The "intent" is covered by "did you mean to post this statement". I have no idea why you think it goes any further than that.
And again; we're not talking about slander or libel. If it were slander/libel, it would already be covered by the extant law. You're deflecting, again.
Why is it "stupid"? Pornography is, explicitly and definitively, speech. Child pornography, specifically, is banned speech, in that it's criminal to disseminate or produce it at all.You keep trying to compare it to child porn, which is fuckin stupid. These are factual statements, that are not against the law. That's like comparing a scathing Yelp review to rape.
I don't care that facts are misused in deliberately misleading contexts. It's those "misleading contexts" that make it disinformation. You can cite "facts" in ways that are willfully dishonest. Obviously. "But it's technically true if you add in a bunch of context I deliberately excluded" is just explaining exactly how you were maliciously dishonest, not that you weren't dishonest.
If you had your way, I could dodge a fraud accusation by pointing to the bits in the pitch that weren't lies, as if that counters all the bits that were lies.
Then "common law" isn't going to be the future argument, and this supposed law will. Since we see no law, and cannot even properly discuss it, then it's simply a whim.
You spoke of other "western" countries talking about such laws, but never gave specifics as to what they were discussing.