Comments on: Facebook Can Legally Block Pages Without Any Explanation–Sikhs For Justice v. Facebook (Forbes Cross-Post) https://blog.ericgoldman.org/archives/2015/11/facebook-can-legally-block-pages-without-any-explanation-sikhs-for-justice-v-facebook-forbes-cross-post.htm Fri, 26 Jan 2018 19:38:57 +0000 hourly 1 By: Eric Goldman https://blog.ericgoldman.org/archives/2015/11/facebook-can-legally-block-pages-without-any-explanation-sikhs-for-justice-v-facebook-forbes-cross-post.htm#comment-1440 Mon, 30 Nov 2015 16:51:00 +0000 http://blog.ericgoldman.org/?p=15140#comment-1440 In reply to Bob Johnson.

Thanks for commenting, but respectfully I disagree with pretty much the entire comment. I’ll just pick off three points:

1) Print publishers can exercise their editorial discretion with full constitutional protection, so “IRL” the result would be the same.

2) Internet companies are not in the best position to “resolve the dilemma” because they lack the coercive powers that the US government has. Cf. Google’s attempts to stand up to China.

3) I have not seen any empirical evidence suggesting that Section 230 is contributing to a decline of our “freedom and libertarian spirit.” The empirical evidence strongly points in the opposite direction. The best evidence is comparing the type of editorial diversity and private censorship we see in the US, where entities are protected by 230, with what we see in every other country in the world.

Still, I do agree that we’re seeing a waning of our Internet freedoms and liberties compared to the good ole days, but I believe Section 230 is slowing the degradation, not causing it.

Eric.

]]> By: Bob Johnson https://blog.ericgoldman.org/archives/2015/11/facebook-can-legally-block-pages-without-any-explanation-sikhs-for-justice-v-facebook-forbes-cross-post.htm#comment-1439 Mon, 30 Nov 2015 16:01:00 +0000 http://blog.ericgoldman.org/?p=15140#comment-1439 If Facebook did this IRL, it would be a clear violation of the Civil Rights Act regardless of the foreign country’s demands. In this instance (like most applications of 230), Facebook is actually the entity in the best position to resolve the “dilemma,” but Section 230 has taken away any incentive for it to do so. Since Section 230 gives Facebook complete immunity, the only logic choice is for it to make the decision that avoids possible sanctions. As far as Facebook is concerned, there is no dilemma. As far as freedom and the libertarian spirit Section 230 was intended to incubate are concerned, the exact wrong thing is happening.

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