Social Media Immunity – Section 230

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” Section 230.

I began my last blog with a quote from Donald Trump on how the 1996 Communications Decency Act gave rights to social media companies, which are not enjoyed by others in the electronic communications business, such as television and radio. It was a recognition of the immense difficulty these companies have in monitoring content. I added the Electronic Frontier Foundation, as I felt it provided a simple explanation of why the social media platforms are protected by Section 230.

I wanted to make it clear that when Republicans go after Section 230 of this act, they are attacking the foundations of Donald Trump’s new foray into social media, by making his website vulnerable to legal action. There is an enormous list of websites, which depend on Section 230 protection, including Youtube, Vimeo, Amazon, Yelp, craigslist and WordPress. Yes, WordPress which hosts this website.

My prior post was not particularly kind to our former president. I want to make it clear that Facebook and Twitter are also a platform hosting a ton of political propaganda garbage. I don’t look for news/commentary on Facebook or any other social media site. I consider these sites to cluttered with personal attacks and often void of any real news.

If someone posts information on how to fix my bicycle or dishwasher, that’s great. I guess I too much of a news snob to look for news commentary on Facebook. Still, if they provide bad information a bicycle, there’s Section 230 immunity. Plus, it’s likely they did not provide this bad information intentionally.

A public forum is any place open to the general public where ideas can be freely exchanged. We have evolved from people making public speeches in the town square and newspapers to radio, television, cable and satellite networks, and now to worldwide internet social networks. Our First Amendment right to freedom of speech and press, came about before radio was invented. It is not an absolute right to expression. Disrobing in public can still get you arrested on indecent exposure charges.

How far does one go in protecting the free exchange of ideas or expression? Go too far, and you will likely get sued. Lou Dobbs comes to mind right away. He was a master at righteous indignation, with comments like “What are they thinking?” in referring to various policies on immigration, climate change, China policy (yes, he supported bombing China), etc. His show ended when Smartmatic sued him for defamation of their voting machines. Alex Jones is another case, as he was sued based on commentary on the Sandy Hook shootings. It happened nine years ago, and hopefully next year, he’ll have to pay up.

So, Lou Dobbs or Alex Jones won’t be posting on Facebook anytime soon. Telling people that Covid vaccines will alter your DNA so in two years you will die, is exactly what will get you censored and ultimately thrown off of Facebook. You will be thrown off because you violated the terms of posting to the site. Well, you are in violation in the opinion of the site’s owners. But will Trump’s site allow them to spread their garbage propaganda. I’m afraid of this. Asks National Enquirer, garbage sells. And Section 230 will protect them. In fact, both the First Amendment and Section 230 makes it very difficult to censor someone because there is always some place on social media which will allow outrageous ideas to be broadcasted.

The real power of social media is targeted marketing. Quite apparent, where you go on the internet, as indicated by the searches you do, can define you to others. So, in the old days, you could glance at a newspaper, and decide if the headline story interests you before buying the paper. Now, with social media, the news/commentary often piled high with falsehoods, will find you. So, if you want to believe that Biden is plotting to take away your guns, you will get “breaking news” sent to your cell phone in agreement with your beliefs.

There’s a certain appeal with the claim, that “only here can you find the real truth” of what is going on. It is particularly appealing to conspiracy prone folks, who believe big government and business are hiding the real news.

How to fix things? I don’t see this as a problem with the system (freedoms, privileges, the internet), or “them” (big government, big tech). The problem is with us and our own laziness to get the facts straight. I’m hoping the next generation understands that honesty counts.

Stay tuned,

Dave

Links:

Wikipedia: Lou Dobbs

Cornell Law, Section 230

Supreme Court on Section 230 (Thomas’ opinion mischaracterized. No justice joined with Thomas. I consider his comments “pure dictum.” Trump won the right to block followers on Twitter, limiting what could be discussed.)

Thank you horrible, horrible people

All governments and businesses are inherently closed and dishonest organizations. This is not being negative, because  I’m not saying they are closed and dishonest all the time, in every aspect.  Just occasionally when something goes very wrong.   The public wants to know why VW manipulated their emission tests and how stupid the EPA could have been to accept these tests. Or how could  Wells Fargo opened up millions of fake accounts.   We want to know  the details of how VA  military  hospitals were able to cheated the system in reporting the time veterans had to wait for their urgent medical needs.  Or the IRS scandal where non=profit organizations  were systematically targeted if their  applications contained certain keywords, almost always related to conservative causes.  We want to know what was hit when the bombs dropped in Yemen missed their target under Trump.  Or when a Children’s hospital was bombed under Obama.    And we want to know how many times, Obama took vacations to go golfing.  Same with Trump.   And the same with the next president.

Another words, we want dirt.  It is our right.   Freedom of the press is how we keep our government and businesses honest.

Trump has been blasting  unfavorable media commentary to a new level.    Much of his problems stem from the way he portrays events.   The dishonesty of reasons behind Comey’s firing is a case in point, which I and others have covered enough. Commentary which blends the news with insight  is  either incredible, amazing, terrific or despicable, horrible, dishonest  or totally fake.   When the mother of all bombs was dropped on Afghanistan, CNN brought in a group of  military experts and  all were in full support of Trump’s action.  No problem with CNN.  But after Trump  said more had been done to defeat ISIS in Afghanistan in 8 weeks of his administration  than 8 years under Obama, one former military expert described that as a highly derogatory statement  to those serving in  armed forces.

He can’t be satisfied with his own accomplishments; he has to show he is better than Obama and Democrats.    His wild exaggerations are quickly picked up by dedicated  reporters.    Case in point, the Obama administration wiretapped the Trump towers.  Director Comey replied there is no evidence of this.   Should Comey have said, “No comment, it is under investigation” ? Would he have score some loyalty points?

Trump  stated in his latest interview with Judge Jeanine Pirro, that she is a fair and balanced reporter as she tossed a number of  softball questions at Trump.    I turned the channel at this point.  She is known for her non-stop rants against Hillary Clinton:

 Hillary, snap out of it,” Pirro said. “I’m tired of going through this with you. You’re a two-time loser who lost because you were a lousy candidate, you didn’t have a message, you lied every time you opened your mouth; you didn’t know what states to campaign in, you put our national security at risk with your amateur email setup, you were in a foundation that was nothing more than an organized criminal enterprise parading as a charity, four men died under your watch as you lied about a video, and there [were] a billion dollars missing from the State Department when you left. And I could go on and on, but I just don’t have the time. So, stop with the poor me nonsense. We’ve had it with you Clintons always claiming victimhood. The two of you haven’t followed the rules since the day you both showed up in your bell bottoms in Arkansas.”

Imagine if she said the same words to Trump, “You lied every time you opened your mouth,” Wow, end of interview, I sure. I watch Fox News for the news segments, not the commentary. I would not watch her show as too much tabloid gossip (Hillary steals a billion from the State Department).   Gee,  wouldn’t you think there would be an investigation?

Reporters are not going to get the straight story from government and inside information is fundamental to full reporting.    Piecing together the truth requires getting facts from people on the inside.   Leaking was given high praise by candidate Trump, and now widely condemned by President Trump.  Every person he fires from government can talk freely about their experiences.

Keep up the good work you horrible, horrible reporters from the mainstream media.    America needs you, for this president and all future presidents.

Stay tuned,

Dave