Big Tech's Censorship Will Destroy Our Republic

May 29, 2020 12:08pm

Although it isn't a violation of the First Amendment, Big Tech's censorship of third-party content is disgraceful and dangerous.

What people tweet on Twitter or post on Facebook is not Twitter's or Facebook's "content." If it was, they would be liable for what third-parties put on their platforms. But under federal law, these social media platforms are treated as "computer services" not as "publishers." The difference is legally significant.

Social media companies want to have it both ways. They want the right to censor third-party content (which would make them publishers that are responsible for all content on their platforms), and they want to be computer services that enjoy the protections provided by Section 230 of the Communications Decency Act (which gives them immunity from lawsuits for what third-parties post).

The position they choose to take varies depending upon whether they're censoring people or defending themselves against lawsuits. But they cannot be both. Eventually, they will be forced by courts or legislation to be one or the other. The courts are the more likely avenue, as legislation is unlikely because Democrats benefit greatly when Big Tech censors their opposition. It's quite easy to win an argument when the other side doesn't get to argue.

President Trump thinks he can prevent censorship by social media companies via an executive order. But other than directing the Federal Communications Commission to treat social media companies as common carriers or public utilities - which I doubt he could unilaterally do - I don't see how he can force social media companies to treat all users equally vis a vis posted content and have such an order survive constitutional scrutiny.

That being said, Congress can and should define social media as common carriers and public utilities. But they won't. Democrats love Big Tech's censorship because Big Tech is on their side. Well, my side is equal freedom for all. I don't fear discussion, dissent, and debate. I fear those who are afraid to engage in it and use their power to oppress opposing views. Anyone with any decency should fear that also.

Getting away from the legal argument and focusing on the societal benefits, why do you suppose it is that conservatives want free speech for all, but Leftists want free speech only for themselves? It is because Leftist viewpoints cannot survive rational scrutiny or factual rebuttal. Instead, they prefer hit-and-run attacks that are aided and abetted by their allies in Big Media and Big Tech - both of whom are dangerous enemies of our Republic.

As Democrats praise Twitter for censoring President Trump's account, remember that Twitter allows Ali Khamenei, the Supreme Leader of Iran, to regularly tweet death threats to Jews, support for terrorists, desire for genocide, and its aspiration for the destruction of Israel. To be clear, I do not advocate that Twitter censor Ali Khamenei's account or anyone else's.

I advocate freedom of speech for all. Without it, our Republic will not survive.

"Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech." - Benjamin Franklin