Amy Peikoff and Benjamin Chayes
We’re “Never-Trumpers” who support former President Donald Trump’s lawsuits against Facebook, Twitter, and YouTube. That disclaimer’s necessity is one reason we’re writing:
We live in a period of unprecedented polarization and partisanship — a problem exacerbated by the conduct at issue in Mr. Trump’s case.
In its rebuttal to The Social Dilemma, Facebook insisted that, contrary to the documentary, it does work to remove “misinformation” and “hate speech.” In multiple hearanguings before legislators, Facebook and other platforms were warned that they must remove more such content — or else. And now, after revoking former President Donald Trump’s executive action concerning the legal protections for online platforms in Section 230 of the 1996 Communications Decency Act, it seems the Biden Administration is calling in the favor by encouraging Facebook and other platforms to remove coronavirus “misinformation.” Yet the removal of some of this content — and the de-platforming of some who posted it — forms the basis for Mr. Trump’s lawsuits. Why? Because much of this content is, however baseless or offensive, nonetheless legal, and therefore protected by the First Amendment against censorship by state actors.
Read more at Real Clear Policy.