Friday, May 29, 2020

A question about the executive order

I haven't seen much about Trump's attempt to scare Twitter into not fact checking him, but I don't understand this:   if Trump wants social media companies to be at risk of being sued for content as a publisher, doesn't that make it more likely that said companies should delete his tweets due to things like the defamatory rubbish about Joe Scarborough?   Otherwise they are at risk of being joined into any defamation action that the defamed may take.

And anyone honest can see that it's the American Right that is living in a bigger conspiracy fantasy world than the Left, by far, and so many of the conspiracy claims are potentially defamatory.   Any change in the law is therefore more likely to hurt the Right than the Left.

Am I wrong in my understanding of this?  I will have to wait for more on line commentary to be able to tell.

Update:   I see that, no, I wasn't wrong about this.   Someone writing at National Review (found via one S Davidson*, posting something useful for a change) writes:
Stripping Twitter and other social media of liability protections is likely to make them more inclined to censor speech, not permit it. Either these companies will have to pass a “neutrality” test imposed by the government, or they’ll simply take down as much controversial content as possible. 
I mean, isn't this obvious??  Yet you have "must make my boss happy no matter the logic" AG Barr standing next to Trump pretending giving effect to the Order would have the opposite effect.

I also recommend reading Allahpundit's lengthy and hot take down of the executive order.  He really hates Trump, and it would seem from comments at Hot Air that 95% of its readership hates him for hating Trump:
.... this is a glimpse at an ugly authoritarian soul fantasizing openly about using government power to censor a critic. Not even a critic, as Twitter’s let him run wild on their platform for a decade. All they did to piss him off was append a note to two of his tweets that slightly complicated his scheme to scapegoat voting-by-mail for his possible defeat in November. Two days later we have the president ranting in the Oval Office next to the Attorney General about closing down a prominent media company that’s used by millions to communicate.  
The post notes that there are some within the White House strongly opposed to Trump's and Barr's little revenge fantasy.   Chances are, nothing concrete will come of it.  But making futile executive orders makes you look weak and impotent, no matter how much cultists will think the order is still the best thing since poisonous kool-aid. 

Update:  yeah, here's Jennifier Rubin at the WAPO arguing that it would be good for Twitter to not have legal protection for content published:
Well, the argument goes, how would Twitter decide which of Trump’s tweets to block or which user to banish? Let’s not overthink this. Let Twitter operate by the same rules as traditional media. No more protection from lawsuits. Let Twitter figure out which tweets it wants to be legally responsible for and which will leave it open to legal attack.

* his link was useful, his take on the matter pretty stupid.  He thinks Twitter made a big mistake by provoking Trump.   How does he figure that when he's quoting a guy saying that the whole idea behind the Order would backfire on Trump - not to mention my last point in this post that an ineffectual Order that doesn't go anywhere makes Trump look weak.

16 comments:

Not Trampis said...

Trump does not understand the legalities. He simply thinks the politics will help him.

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Steve said...

Graeme, I'm just deleting everything you say in which you bring in your nutball jewish conspiracies: you do realise that, no?

John said...

Trump does not understand the legalities.

Why are we not surprised?😀

If he seriously damages Twitter the blow back will be intense. So many people use Twitter and other social media outlets that he might end up creating a big political problem for himself.

GMB said...
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GMB said...

I'll get someone else to explain the situation to you. Either you are a publisher or a platform. If you are a publisher you can censor and be sued. If you are a platform you cannot censor, but you are protected from being sued.

https://www.youtube.com/watch?v=WDEHpvwcekQ

Steve said...

Huh. So Dore explains that in defamation you sue the author and publisher but not the bookstore.

Twitter and Facebook are the bookstore. But if someone points out to them they are selling a book with offensive context, the shop can look at it and say "I agree, I'm not going to sell it anymore" or "I will put a notice in front of it warning people about the content".

That bookseller is not censoring, and has done nothing to harm free speech, especially when everyone knows there is another bookshop next door that has no such scrupples and has the book in its shop window. (And that self publishers can open bookshops for their own books for extremely little money.)

As with climate change, the Right has turned itself into idiots who can no longer understand not only science, but the definition of words.

GMB said...
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