Edit: Here’s a link with some relevant case law. https://reason.com/volokh/2021/07/19/when-government-urges-p...
Disagree with the established precedent if you want, but if you do, I’d recommend picking a different battleground than whatever this Twitter Files fiasco is. This stuff isn’t even on the questionable end of the spectrum.
"They could sue if they don't want to do it" does not make the request legal.
https://twitter.com/aclu/status/1587198479608303622
What's shocking is that people's perceptions of what's legal have changed so dramatically in just a few years. I can't imagine anyone making these arguments in 2005. It seems some powerful interests have been able to successfully co-opt SV companies and change the entire public conversation about what the First Amendment means. I would like to know a lot more about what's going on here. I don't think the same tired arguments about "disinformation" and "social harmony" that have been trotted out for centuries against free speech have suddenly gained all this credence by accident.
It seems to me rather that all these folks shocked to hear this stuff just haven’t been paying attention to either their high school civics course or to current events of the last 20 years.
You actually think the FBI doesn’t report content? Obviously they do.
You don’t think the FBI gets a privileged reporting line over newuser1848391? Obviously they do.
You don’t think Twitter regularly gets content moderation requests, from governments or elsewhere, that they simply decline? Obviously they do.
And you don’t think they sometimes get content moderation requests from governments or elsewhere that they oblige? Obviously they do.
Here’s a good overview of relevant case law: https://reason.com/volokh/2021/07/19/when-government-urges-p...
Will you also be surprised to hear that almost all private companies can (and many will) simply choose to hand over your private data to the government upon warrantless request?
Nor is it news to me that companies are increasingly voluntarily sharing vast amounts of data with the government, to the point that the surveillance state we feared has come to pass as a corporate-state partnership.
What I’m surprised about is the increasing number of people who see it as normal and acceptable, or choose to dismiss it as “oh, this has been happening.” Yeah, that doesn’t make it okay.
So long as there’s no coercion it’s completely legal. Not considered a controversial topic.
https://reason.com/volokh/2021/07/19/when-government-urges-p...
There are lots of dangers with this pattern but this is simply an extremely extremely poor case to try to take up the fight on.
Why would we be wasting government resources alerting private companies of their terms of service anyway?
Also don’t think it’s a waste to try to prevent ISIS recruiting material from reaching more confused and angry young men.
Both are legal though!
If the police ask you to do something, do you usually feel generally obligated to comply?
What about an even more powerful organization that can and do prosecute people for simply lying or obstructing?
Uh, no? I'm pretty sure every American schoolchild is educated on his or her rights under the Constitution. It's not unusual at all for police to pull people over for minor infractions and assert they have the ability to search their cars, and for people who know their rights to decline said search, and for everyone to go on their merry way. If the cop chooses to force a search anyway, it's not unusual at all for them to get sued and for all evidence collected to be deemed inadmissible. This is all, again, extremely well established.
Twitter surely has an army of extremely capable and well-paid lawyers who know very well which requests they have a right to decline. They've got to be more legally equipped than your average 9th grader.
This is why it's important for people to have an accurate understanding of their rights and their relationship with their government. The position you're taking weakens people's understanding of their rights.
So let it be known for any future operators of social media networks: the US government cannot coerce you – even implicitly – to remove legal content from your website. If they do, decline and let them bring you to court, hit up the ACLU to represent you, and sue the fucking daylights out of the US Government. It's your right and your duty!
This comment also totally ignores the fact that the “Twitter files” have also contributed to the realization that these companies are riddled with ex-FBI and other government employees who were partly responsible for responding to these requests, let alone the idea of corporate employees toadying up to the government security state is incompatible with democracy whether or not someone could hypothetically sue.
Also, it’s great to hear my duty is to sue the government if it does wrong. That’s true. That also works out very badly for people all the time and entails spending a lot of money and years of your life on an uncertain outcome.
These stories are additional proof the FBI needs huge reforms and mass layoffs. It’s still the agency of J Edgar Hoover, who to this day was in charge for nearly half its existence. But the culture of these tech companies is also extremely concerning.
And even moreso, as I said in my original comment (and which you misunderstood even in your response), the shocking part is that people think this is fine, and nobody is asking who and what has caused such a massive shift in American beliefs.
What evidence do you have of “a massive shift?” Because on my side there’s 200 years of case law that all pretty much concurs on every single instance of this happening.
Yes I do think it’s fine that our security apparatus attempts to maintain security within the confines of legislated and adjudicated law and that private corporations are able - both in theory and in practice - to resist unlawful pressure to control information. “Checks and balances” is a state of tension. Party X requests, Party Y denies, Party Z adjudicates. That’s how it works.
This is factually not true at all: https://www.cnn.com/2017/09/13/politics/poll-constitution/in... https://thenewamerican.com/poll-most-americans-dont-know-bil...
People talk to the police and incriminate themselves all the time. This has been a front-line of civil rights activists for decades now. What are you even talking about?
> It's not unusual at all for police to pull people over for minor infractions and assert they have the ability to search their cars, and for people who know their rights to decline said search, and for everyone to go on their merry way. If the cop chooses to force a search anyway, it's not unusual at all for them to get sued and for all evidence collected to be deemed inadmissible. This is all, again, extremely well established.
"Not unusual" is a very subjective term and doesn't mean anything at all. And it is now confirmed that Twitter had daily meetings and contacts with the FBI/DHS, which means they did talk to federal law enforcement. There is no reason to make this statement is absurd knowing that they did talk...
> Twitter surely has an army of extremely capable and well-paid lawyers who know very well which requests they have a right to decline. They've got to be more legally equipped than your average 9th grader.
See the links above. Also Twitter is not a person and this does not apply to most employees and moderators. And the execs who knew what they were doing and wouldn't have done it if it weren't in their interest of those of the company. That's where the de facto coercion comes in. The DOJ coming for the Twitter "asking" or "indicating" that they do not approve some content is an undue pressure in and of itself.
>This is why it's important for people to have an accurate understanding of their rights and their relationship with their government. The position you're taking weakens people's understanding of their rights. So let it be known for any future operators of social media networks: the US government cannot coerce you – even implicitly – to remove legal content from your website. If they do, decline and let them bring you to court, hit up the ACLU to represent you, and sue the fucking daylights out of the US Government. It's your right and your duty!
Okay Mr. Goodman, at this point you're just grandstanding.
Yes, they did talk of their own volition. As they are free (under their 1st Amendment rights) to do. We have no reason to suspect that they’ve been coerced except for the fact that you disagree with the choice they made! They on the other hand were surely aware of their rights when they chose to talk.
https://en.wikipedia.org/wiki/FBI%E2%80%93Apple_encryption_d...
Since then, Apple has stepped up their end to end encryption stance, which seems like the opposite of what you’re implying.
And yes, this definitional/access tension always exists when taking political stances that go against the entrenched power structure. Try to get an antiwar opinion broadcast in 2003 - music DJ's weren't even allowed to play songs whose lyrics might hint that war in general might be a bad thing. Dealing with this is just a completely new experience for those on the right that have gone from being conservative (ie generally supportive of the incumbent power structure and institutions) to revolutionary/reactionary and directly against the status quo power structure.
Social mass media, like all mass media, is now controlled by big capital (as was inevitable), with varying degrees of the individual employees adding some grassroots slant. Focusing on the slight individual flavor and ignoring the overriding power dynamic is just falling into the same old disempowering partisan trap.
This is only confusing starting from your own incorrect premise.
Or put another way: the government cannot coerce Twitter or any other platform to carry someone else’s speech.
Note however the government is free to ask Twitter to carry people’s speech, as Trump did almost daily for 4+ years whining about so and so getting banned or de-boosted etc.
> Or put another way: the government cannot coerce Twitter or any other platform to carry someone else’s speech.
You're making a straw man that's not what I said...
The government can't ask or suggest or apply undue pressure to Twitter to ban content. Social media has been sued for this successfully to get people unbanned.
The Twitter files are not even about Twitter being coerced to put things on their site. What are you even talking about?
At least that’s how it works under US law. I get the impression you’re not so familiar with American law though?
Yes they can ask and suggest removal. They cannot coerce but we have no reason to believe they did. I already linked to a long list of case law establishing this. Have a good rest of your weekend!
Honestly it’s not very fruitful arguing this stuff with someone who clearly doesn’t understand the basics of the American system. There are plenty of resources online to learn about all this stuff if you’re interested.
But it doesn't outrage you because you're in agreement with the shit they're shoveling.
Yeah there’s plenty to critique of FBI, but this is a profoundly weak case.
https://twitter.com/ShellenbergerMD/status/16048884298162094...
In fact, most of the comments in support of Twitter and the FBI throughout these threads are pretty decisively debunked in the continued reports.