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Regulate Social Media Like Public Utilities
Townhall.com ^ | January 13, 2021 | Betsy McCaughy

Posted on 01/13/2021 6:59:21 AM PST by Kaslin

Democracy took a big blow when Twitter shut down President Donald Trump's accounts and Google and Amazon ousted Parler, a site favored by millions of conservatives.

Big Tech, which is run by the left, is robbing Americans of their right to communicate freely and exchange ideas.

The nation's founders worried that the government would use its power to censure and crush competing viewpoints. Their remedy was the First Amendment, guaranteeing all of us freedom of speech and association and barring government censorship. They had no way of anticipating that tech companies would grow more powerful than governments and have the monopolistic ability to suppress or cancel political viewpoints.

Yet, Facebook and Twitter now "wield the unchecked power to remove people from platforms that have become indispensable for the speech of billions," explains ACLU lawyer Kate Ruane.

And Google, now the eponym for all internet searching, suppresses content by placing it on a distant page few searchers will ever get to.

At one time, newspapers were the staunchest defenders of the First Amendment and the marketplace of ideas. No more. After Trump's Twitter accounts were canceled, The New York Times' tech newsletter advocated more censorship, not less. It called for censoring "habitual online misleaders," and cracking down on some 25 "influential repeat spreaders of false information," such as radio host and Fox News contributor Dan Bongino.

Who decides what's false? For 200 years, Americans believed, in the words of Oliver Wendell Holmes, that "the best test of truth is the power of the thought to get itself accepted in the competition of the market."

Now the public is supposed to capitulate to what the lefties working for Twitter and other Big Tech companies say is true.

Twitter and Facebook posed as "fact-checkers" to limit the spread of accurate New York Post reporting about incriminating content on Hunter Biden's laptop. They wanted to make sure the average American voter didn't see it before voting.

Americans should be outraged over this high-tech tyranny. It's robbing them of access to the market place of ideas and threatening to destroy political freedom. Elections aren't fair if voters are kept from hearing competing views and the facts about the candidates.

What's the solution? So far, the focus has been on repealing Section 230 of the Communications Decency Act, which protects the tech giants from being sued for what they post, based on the fiction that they are merely unbiased platforms. Republicans want their liability removed, but that may incentivize them to limit content even more, just as many Democrats want.

The better approach is to treat these tech platforms as public utilities, just like water, electric, phone and gas companies, and regulate them as utilities. They're monopolies, and they provide essential services to a dependent public. Public utilities cannot withhold services from some customers based on their political views.

Trump proposed a similar approach last July. But with Democrats in control of Congress and the White House, that's unlikely to happen. Help is more likely to come from the Supreme Court when a litigant challenges being censored by a tech giant. The justices are poised to protect access to social media as a fundamental right.

In 2017, the high court struck down a North Carolina law that barred registered sex offenders from using Facebook, Twitter and similar tech platforms. The justices unanimously ruled that the North Carolina law deprived sex offenders of their right to find out what members of their government are saying and doing. Justice Elena Kagan called social media "a crucially important channel of political communication."

If sex offenders are guaranteed access to social media, how can conservatives be blocked?

Expect the justices to broaden the First Amendment to limit tech abuses.

The Constitution bars government from limiting what we see and hear, so why should five tech companies that no one elected have that power?


TOPICS: Culture/Society; Editorial
KEYWORDS: frinternetsocialists; internetsocialism; socialmedia
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Re the last paragraph: That is an excellent point.
1 posted on 01/13/2021 6:59:21 AM PST by Kaslin
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To: Kaslin

They already are highly regulated - by Democrats


2 posted on 01/13/2021 6:59:54 AM PST by PGR88
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To: Kaslin

“Regulate Social Media Like Public Utilities”

We had that chance, but people, EVEN HERE, defended them, since they were government.

Guess what? They are now!!!!


3 posted on 01/13/2021 7:00:37 AM PST by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone.)
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To: Kaslin

bookmark


4 posted on 01/13/2021 7:04:40 AM PST by GOP Poet (Super cool you can change your tag line EVERYTIME you post!! :D. (Small things make me happy))
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To: Kaslin

So I state that ‘x’ sux.
Then ‘you’ state that I suk.

And then, ‘you’ try to take away my right to say that ‘x’ sux, even when it was not ‘you’ that is ‘x’!


5 posted on 01/13/2021 7:06:21 AM PST by Terry L Smith
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To: Kaslin

SM is empowered right now. Those with power don’t give it up without a fight.


6 posted on 01/13/2021 7:07:05 AM PST by Harpotoo (Being a socialist is a lot easier than having to WORK like the rest of US:-))
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To: Kaslin

Regulate Social Media.....

Yeah, Democrats are getting right on that....


7 posted on 01/13/2021 7:09:05 AM PST by Erik Latranyi (The Democratic Party is communism)
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To: Kaslin

As much as I hate these companies I wouldn’t consider Twitter or Facebook a public utility. We can live without them.

Monopolies? HELL YES.


8 posted on 01/13/2021 7:11:32 AM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Kaslin

The GOP fell flat on their face by doing nothing. We have no representation.


9 posted on 01/13/2021 7:11:34 AM PST by 1Old Pro
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To: Kaslin

Unfortunately, I think that would be just exchanging one left wing censorship master for another, at least as long as democrats are in control. Any government agency staffed by leftists is going to control online speech to the same degree if not more than the tech giants are now. The solution as I see it is free enterprise, we need to build an infrastructure of conservative aligned ISP’s, server farms, social media outlets and perhaps even financial institutions, as the leftists at the big banks are already trying to refuse loans and accounts to conservatives. The big problem is, this will take A LOT of time and money, it will take years to create a truly free conservative equivalent of the social media giants even if we start today.


10 posted on 01/13/2021 7:11:50 AM PST by apillar
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To: Kaslin
More government - that's always the answer.
11 posted on 01/13/2021 7:11:50 AM PST by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: BobL
I'm sick of this cowardly mentality that infects right-wingers. They're perennially terrified to ever use the government to do something because, "the Democrats will then use the government against us next time!"

Even with naked repression and the open hostility of Wall Street, I'm sure these types will STILL be making excuses.

12 posted on 01/13/2021 7:15:21 AM PST by Shadow44
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To: Kaslin

FYI, here are JimRob’s thoughts (https://freerepublic.com/focus/news/3749261/posts?page=19#19):

No. I’m not signing on to government control over the internet. Our God-given and constitutionally guaranteed rights to freedom of speech, freedom of religion, etc, also includes freedom of choice, freedom of association.

The government has no say over the politics, religion or viewpoints of any website or association.

Facebook, et al, also enjoy the same rights. The difference is we openly declare up front that we are a forum for like-minded traditional Judeo-Christian conservatives and that liberals, trolls, disrupters, etc, will be dismissed and removed at our moderators’ convenience. The others pretend to be open to all opinion, but obviously, they are not.

Like all other areas in our free market economy, free enterprise systems and free press publications and services, it’s always buyer’s choice/buyer beware. If you don’t like the service or can’t tolerate the politics of the service, don’t subscribe, don’t read, don’t use it.


13 posted on 01/13/2021 7:16:30 AM PST by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: Shadow44
They're perennially terrified to ever use the government to do something because, "the Democrats will then use the government against us next time!"

When have they not? You think arming your enemy is sound strategy?

14 posted on 01/13/2021 7:17:34 AM PST by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: NobleFree
The strategy of doing absolutely nothing to combat the Left has worked out wonderfully for the past 60 years.

They took academia, then the media, then the civil service, then Wall Street, and what has it gotten us?

I wish the Left becomes Libertarian, because then they would destroy themselves through their own inaction.

15 posted on 01/13/2021 7:22:59 AM PST by Shadow44
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To: NobleFree
More government - that's always the answer.

....and the band played on...

16 posted on 01/13/2021 7:25:52 AM PST by dfwgator (Endut! Hoch Hech!)
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To: Shadow44
I don't see a response to my points there.

When have they not? You think arming your enemy is sound strategy?

17 posted on 01/13/2021 7:26:10 AM PST by NobleFree ("law is often but the tyrant's will, and always so when it violates the right of an individual")
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To: NobleFree
And what is your point? The government isn't inherently our enemy.

If the government was in our control, everything would be fine. It's not. In fact, I would support everything being done right now against the Left, because it would be just to do so. Anyone promoting Transgender ideology and Critical Race Theory should be deplatformmed because it's horrific and destructive.

All libertarianism has done is tell people to stop fighting too hard because it might make our enemies really mad if they started losing.

18 posted on 01/13/2021 7:32:15 AM PST by Shadow44
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To: Kaslin

“The better approach is to treat these tech platforms as public utilities, just like water, electric, phone and gas companies, and regulate them as utilities. They’re monopolies, and they provide essential services to a dependent public. Public utilities cannot withhold services from some customers based on their political views.”

Also, with a large, but an unexceptional purchase of servers, the government can offer alternatives.
As USPS competes with Fedex and UPS.


19 posted on 01/13/2021 7:33:45 AM PST by mrsmith (US MEDIA: " Every 'White' cop is a criminal! And all the 'non-white' criminals saints!")
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To: Kaslin

It’s time to arrest a few CEOs for 1st Amendment violations.


20 posted on 01/13/2021 7:49:07 AM PST by BuffaloJack (Neither safety nor security exists in nature. Everything is dangerous and has risk.)
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