Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Big Tech efforts to regulate online speech blocked by appeals court (Censorship by Twitter, etc)
The Post Millennia ^ | 09/16/2022

Posted on 09/17/2022 11:53:39 AM PDT by aimhigh

This ruling by the Court of Appeals for the Fifth Circuit sets up the potential for the Supreme Court to rule on the law, which could be a major setback for the "Big Tech" industry as many conservatives and others with right-leaning opinions accuse companies such as Meta and Twitter of political censorship.

A Texas law preventing large social media platforms from banning or censoring users based on their political viewpoints will go into effect after a federal appeals court lifted a block placed on the statute on Friday, reported Reuters.

This ruling by the Court of Appeals for the Fifth Circuit sets up the potential for the Supreme Court to rule on the law, which could be a major setback for the "Big Tech" industry as many conservatives and others with right-leaning opinions accuse companies such as Meta and Twitter of political censorship.

(Excerpt) Read more at thepostmillennial.com ...


TOPICS: Business/Economy; Constitution/Conservatism; News/Current Events; US: Texas
KEYWORDS: censorship; elonmusk; musk; truthsocial; twitter
The decision: ca5.uscourts.gov/opinions/pub/21/21-51178-CV1.pdf

The Texas law: https://legiscan.com/TX/text/HB20/id/2424328

1 posted on 09/17/2022 11:53:39 AM PDT by aimhigh
[ Post Reply | Private Reply | View Replies]

To: aimhigh

Big Tech couldn’t give a flying fig what the courts say.


2 posted on 09/17/2022 12:02:52 PM PDT by packagingguy
[ Post Reply | Private Reply | To 1 | View Replies]

To: aimhigh

Bad idea to prevent Twitter et al from censorship. A law that prevents twitter from censorship would apply to all corporations, large and small. Would not allow me to censor my employees from publishing anti-owner screeds on company wbsite.

There needs to be a better solution


3 posted on 09/17/2022 12:05:26 PM PDT by Calvin Cooledge
[ Post Reply | Private Reply | To 1 | View Replies]

To: Calvin Cooledge

The Texas law only applies to:
(b) This chapter applies only to a social media platform that functionally has more than 50 million active users in the United States in a calendar month.


4 posted on 09/17/2022 12:11:00 PM PDT by aimhigh (THIS is His commandment . . . . 1 John 3:23)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Calvin Cooledge
Would not allow me to censor my employees from publishing anti-owner screeds on company wbsite.

Does your business operate a social media platform for the purpose of enrolling users and allowing them to exchange ideas and views? This law doesn't apply to company websites.
5 posted on 09/17/2022 12:12:34 PM PDT by AnotherUnixGeek
[ Post Reply | Private Reply | To 3 | View Replies]

To: aimhigh
a social media platform that functionally has more than 50 million active users in the United States in a calendar month.

If bots are eliminated, not many platforms would be affeced.

6 posted on 09/17/2022 12:12:54 PM PDT by aimhigh (THIS is His commandment . . . . 1 John 3:23)
[ Post Reply | Private Reply | To 4 | View Replies]

To: packagingguy

“Big Tech couldn’t give a flying fig what the courts say.”

$$$$$$$$$$$$$$$$$$

Agreed. How would we know, who would enforce it, and what would the penalties be?

I’m honestly being more ignorant than cynical when I ask that. Someone please feel free to educate me. Thanks.


7 posted on 09/17/2022 1:24:49 PM PDT by Eccl 10:2 (Prov 3:5 --- "Trust in the Lord with all your heart, and lean not on your own understanding")
[ Post Reply | Private Reply | To 2 | View Replies]

To: Calvin Cooledge

You’re wrong and have no understanding of how this works. Read the appeals court ruling and then come back here more informed.


8 posted on 09/17/2022 2:33:59 PM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Eccl 10:2

There are no penalties except for legal fees. So I see a rich business in becoming a lawyer in Texas offering to go after these guys for free. Your fees will be paid when you win. And you just keep filing lawsuit after lawsuit after lawsuit. A man can get rich this way. Bill rate of $500 per hour.


9 posted on 09/17/2022 2:35:39 PM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Calvin Cooledge; All
Bad idea to prevent Twitter et al from censorship. A law that prevents twitter from censorship would apply to all corporations, large and small. Would not allow me to censor my employees from publishing anti-owner screeds on company wbsite.

The above is a completely wrong and reductive reading of this brilliant opinion [https://s3.documentcloud.org/documents/22417946/2022-09-16-published-opinion-dckt.pdf] which exhaustively distinguishes between the limits on censorship ability of an "expression platform" with whose content the corporation claims no association and none is implied or imagined, and the allowable limits on corporate censorship in venues where its own voice is stifled or its own views subverted (such as forcing opposing viewpoints on a corporate website, which is the sanctioned and de facto location of the corporation's own viewpoints). The judge has done a magisterial job laying out the differing judgement standards for the 2 situations, backed by exhaustive case citations, common law examples (going back 500 years) and the positions staked out by the corporate petitioners themselves. The opinion is a tour-de-force, with which the Supremes will have to contend.

10 posted on 09/17/2022 3:50:08 PM PDT by nwrep
[ Post Reply | Private Reply | To 3 | View Replies]

To: packagingguy
Big Tech couldn’t give a flying fig what the courts say.

It does not work that way. If this goes into effect, they will change. After all, they are driven by lawyers, and no corporation is stupid enough to ignore a court decision.

11 posted on 09/17/2022 3:53:15 PM PDT by nwrep
[ Post Reply | Private Reply | To 2 | View Replies]

To: for-q-clinton

You have no understanding of the law of unintended consequences. US history is rife with examples of well-meaning laws being used for nefarious purposes. One recent example, using sex discrimination laws to force men into women’s bathrooms.

All it takes is one judge to rule that an employee feedback blog on the company website is no different than Facebook or Twitter. And indeed, from a technical implementation viewpoint, its exactly the same.


12 posted on 09/17/2022 6:42:49 PM PDT by Calvin Cooledge
[ Post Reply | Private Reply | To 8 | View Replies]

To: aimhigh

Bookmark


13 posted on 09/17/2022 6:48:39 PM PDT by Chgogal (Welcome to Biden's Weaponized Fascist Banana Republic! Fuhrer Biden is supported by MSM & DC.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Calvin Cooledge

Not really, but even if you’re right what’s wrong with freedom of speech. And for a business you can apply policies uniformly. So if you so no politics you ban all politics. If you say no curse words...then you punish anyone that uses them. I really don’t see the downside. Even for FR. They’d just need to make a no spam rule and apply it equally to keep the few leftists out.


14 posted on 09/17/2022 6:50:16 PM PDT by for-q-clinton (Cancel Culture IS fascism...Let's start calling it that!)
[ Post Reply | Private Reply | To 12 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson