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Facebook: Platform or Publisher?

January 23, 2021

Facebook has been enjoying Section 230 immunity.  Section 230 of the Communications Decency Act provides for Free Speech in the Virtual Arena by giving certain Immunities of Law for misinformation provided and posted by others on Platforms.  Facebook has been using this section of the law to put out "Fake News" themselves.  There is a call to end Section 230, but I believe we should amend the law so that the Poster can be held fully accountable for Truthfullness, and Liable under the Law.  It needs some real teeth to the Posters, combining the "Truth in Advertising" Laws and the Torts already available to those injured.

Facebook is trying to bring legitimacy to their censorship by using "Fact Checking Networks."  These "Fact Checkers" are practicing Yellow Journalism, and not actually checking the facts.  They are using other news stories, especially those coming from Russia and China, to "prove and disprove" the People's posts.  As a result, Facebook is taking down Factual, Conservative, and Reliable posts that don't meet with their Communist Narrative.  They are also publishing Fake News that promotes that narrative.

The idea behind a Platform is, it is a place where anyone can put down a soapbox (for those of us who remember them) and stand upon them to give a speech to the People, advocating for or against a position.  Any of us can stand upon the Courthouse Steps, or a City Park and advocate for issues we care about.  This is Protected Speech according to the Constitution of the United States.  It is also reiterated in many of the Several States' Constitutions as well.  The idea of the Platform virtually is to provide all points of view.  Once a Platform begins to advocate for a position, for or against, they become a Publisher and lose their Section 230 immunity.  People need to come forward and state where they have been censored so we can all benefit from the truthful and honest testimony to bring these Platforms into line.  There must be a consequence for censorship.

 

 


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