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Mike Masnick ✅

Okay, we've had some banger posts on Techdirt today so I'm sharing. First up, a summary of yesterday's Supreme Court hearing on the future of the internet, in which (incredibly) I try to explain what Alito meant when asking about the weight of YouTube (it was dumb, but not for the reasons everyone thinks). techdirt.com/2024/02/27/sir-th

Techdirt · Sir, This Is A Supreme Court (Not A Wendy’s)On Monday, the Supreme Court heard the oral arguments over both Florida and Texas’ social media content moderation laws. Even though the issues were similar, and the parties challenging both laws (…
David

@mmasnick I would say the Thomas/Gorsuch view Section 230 turns media companies into common carriers makes more sense than you make it out to be. Section 230 allows companies to legally do content moderation but only if such actions are "taken in good faith". For example, if left wing spam, but not right wing spam, is blocked, it's not in good faith. But this inability to be partisan about spams is what is meant by calling them "common carriers".

Feb 27, 2024, 11:19 PM·Public
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Mike Masnick ✅

@david1 that's incorrect. Only (c)(2) requires "good faith" and it is for anything "otherwise objectionable" which only the site itself can decide. (c)(1) allows for moderation whether in good faith or not.

Separately, the 1st Amendment allows for moderation.

Neither of those issues has *anything* to do with common carrier status.

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