Is facebook a private entity?
If so then dont participate
They should be regulated like a utility is regulated.
Are FB using the gov’t regulated
public spectrum?
“Is facebook a private entity? If so then don’t participate.”
That’s the bottom line. If it’s your chalkboard you let others write on, you can erase whatever you want.
Adjust to the new reality.
It’s a publicly traded corporation. If you are a stockholder, you have rights and if you are a user of the product, you have even more rights.
The only way FB survives breakup and punitive actions is to go private. As a publicly traded stock, it is not privately held, therefore not private. It is a public square surrogate, a public square product provider.
Zuckerberg wanted the public’s money so he decided to go public. He took the money in exchange for selling a piece of public square. Because he took that money he has to observe the rights of those he invited in. He has to respect all rights of the public he invited including free speech.
For example, if one of his invitees from the public was to post a photo wearing a MAGA hat or a Cross around the neck, Zuckerberg cannot censor it legally.
Zuckerberg may censor illegal content such as child porn and must report it as well.
Posting the name Ciaramella is not illegal. Ciaramella’s lawyer might attempt to scare someone that it is illegal but that lawyer won’t find any law or law enforcement body that will enforce a law that does not exist. The only entity required to keep the name Ciaramella private are the Inspectors Generals because they conduct investigations and cannot be seen as partisan or biased.
Section 230 of the CDA details that Zuckerberg must act as either a Publisher or a Platform.
As a platform, Zuckerberg is bound to respect the rights of his platform users as long as federal, state, local laws are followed. He invited them, he is making money off of them. They are not private members that he can throw out unless they have violated a law.
And the CDA protects Zuckerberg’s platform from liability.
As a publisher, Zuckerberg can censor content but he is exposed to liability. For example, discrimination, slander, breach of contract, violation of constitutional and civil rights and so on can be used to sue Zuckerberg if he is accused to have committed such acts.
And because Zuckerberg is selling a public square product, he is exposed to lawsuits by acting as a publisher although he says he’s a platform only. He says this hoping it provides him immunity.
Your comment supports Zuckerberg as a platform, Watch and see how Zuckerberg and the rest of the Tech Punks are stripped of their Section 230 immunities. That will happen as soon as the GOP takes back the House as there is already legislation introduced to do that very thing, introduced by Josh Hawley.
Public, actually.
Faceook Inc NASDAQ: FB · November 15, 5:40 PM EST 195.10 ▲ 1.95 (1.01%) After Hours194.84▼ 0.26 (0.13%)