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A few more thoughts about FAANG and Parler
#13844172
01/13/21 01:41 AM
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Joined: Sep 2005
Posts: 27,569
Uncle Zeek
OP
aka "Dad"
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OP
aka "Dad"
Joined: Sep 2005
Posts: 27,569 |
A few more thoughts on FAANG censorship.
Certain rights are so fundamental, so inherent to a free Republic, that the Founding Fathers did not see a need to write them into the Constitution. The right to life is the most obvious. The right to freedom of speech and a free press is another. They did understand that it was necessary to enumerate the freedoms of speech, assembly, religion, and the press as being protected from government. But they may never have contemplated the idea that a handful of companies could restrict and regulate what people were allowed to see, read, think, and hear.
True, this is not a 1st Amendment issue in the strictest sense, because the 1st only applies to government actors. However, this is a free speech issue. In Marsh v Alabama (1946), the Supreme Court noted “ . . . certainly the corporation can no more deprive people of freedom of press and religion than it can discriminate against commerce” and “Ownership does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional rights of those who use it.”
The above case was in regards to free speech issues in a company-owned town. FAANG is quite similar, in that they own private intellectual property (web hosting services, internet platforms, etc) which has been opened up for use by the public in general. Like the company-owned town in the SCOTUS case, this intellectual property has formed into communities where people conduct commerce, engage in social activity, and rely on the services available through the property. Therefore, the rights of Twitter, Facebook, etc DO become more limited when weighed against the Constitutional and human rights of its’ users.
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate planning & tax attorney 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 mobile zac@artimlegal.com
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Re: A few more thoughts about FAANG and Parler
[Re: Uncle Zeek]
#13844487
01/13/21 12:55 PM
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Joined: Oct 2005
Posts: 85,943
John175☮
MACHO MAN
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MACHO MAN
Joined: Oct 2005
Posts: 85,943 |
...a true sign of a monopoly isn't how many you serve but who you can silence.
“Do not pray for easier lives. Pray to be stronger men.” -JFK
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Re: A few more thoughts about FAANG and Parler
[Re: Uncle Zeek]
#13844611
01/13/21 02:40 PM
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Joined: Oct 2004
Posts: 16,904
SheldonS
TFF Guru
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TFF Guru
Joined: Oct 2004
Posts: 16,904 |
Will be interesting if it ever plays out in the courts.
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Re: A few more thoughts about FAANG and Parler
[Re: Uncle Zeek]
#13845000
01/13/21 07:54 PM
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Joined: Mar 2012
Posts: 11,008
BigDozer66
TFF Guru
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TFF Guru
Joined: Mar 2012
Posts: 11,008 |
Some on one side of the coin have been cheering about it and how they love it. One day the shoe might be on the other foot and then it will be too late if it isn't already. Did you see the Tweet about "Free Speech from users in Uganda about their election"?
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Re: A few more thoughts about FAANG and Parler
[Re: BigDozer66]
#13845035
01/13/21 08:22 PM
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Joined: Sep 2005
Posts: 27,569
Uncle Zeek
OP
aka "Dad"
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OP
aka "Dad"
Joined: Sep 2005
Posts: 27,569 |
Some on one side of the coin have been cheering about it and how they love it. One day the shoe might be on the other foot and then it will be too late if it isn't already. Did you see the Tweet about "Free Speech from users in Uganda about their election"? Yes I did. Deplorable, disgusting hypocrisy. Execrable. If I haven't said it plainly before, the right to free speech outweighs almost all other concerns to me. I don't care if speech is offensive, disgusting, or whatever. Dennis Leary said it so colorfully in Demolition Man:
"Decency is not news; it is buried in the obituaries --but it is a force stronger than crime" ~ Robert A. Heinlein Artim Law Firm, PLLC Estate planning & tax attorney 2250 Morriss Road, Suite 205, Flower Mound, Texas 75028 972-746-0758 mobile zac@artimlegal.com
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