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PaperclipPerfector  8mo ago (text post)   26186 thread views

Culture War Roundup for the week of March 18, 2024

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Generally, if the government wants to compel a private company to do something, it can file suit or obtain a court order. For all the flaws and abuses of that system, it is, at least, a system, and a check. In this case, government officials were running around "asking" social media companies to censor without any checks whatsoever.

The flip side is that they didn't have the power of a court order to enforce their ask either. No checks on the issuance, but no heft behind compliance either.

You’re kind of dodging the hypothetical. Petty criminals influenced by social media are destroying society. It’s protected speech so no court orders against the platform are available. How many, “in the department’s opinion, these memes are existentially damaging to the fabric of the national economy,” e-mails is the government allowed to send before it becomes illegal?

Why not simply bring down the force of law on these petty criminals for the crimes they are actually committing, rather than this chicanery about nudging social media?

It’s protected speech

How do you propose pro-crime posts "become illegal" if you imagine that they're protected speech, and that court orders can't be used? It seems, in fact, that if these posts are protected speech then it's exactly when we would want a court involved -- only the courts could stand up to government overreach against Constitutional rights.

I think your scenario breaks down far before the government has to censor it -- the government has lots of tools at its disposal before resorting to censorship. (Just as in the real example of Corona, the government had lots of tools available to induce vaccines without resorting to etc.) But in this hypothetical, if people are making protected speech: then no, the government can't censor it, or ordered it censored by third parties. Both sides in this case, in fact, acknowledge that it would be illegal for the government to do directly what it's asking third-parties to do on its behalf.

And by "asking" it was much in the way of Don Corleone... "Nice social media company you have here. Shame if we were to have to...regulate it".

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