BREAKING: Remember Trump’s Order on “Preventing Online Censorship?” NTIA has formally asked FCC to make rules requiring websites to prove their political neutrality to stay in business
This is pure—and unconstitutional—political theater. THREAD https://techfreedom.org/ntias-fcc-petition-to-reinterpret-section-230-is-a-constitutional-non-starter/
This is pure—and unconstitutional—political theater. THREAD https://techfreedom.org/ntias-fcc-petition-to-reinterpret-section-230-is-a-constitutional-non-starter/
The #FCC’s an independent agency, not part of the Administration (unlike NTIA). That’s why the White House had to “take a detour” and ask NTIA to file this petition. The FCC is not legally required to respond to the NTIA’s petition, nor should it.
@AjitPaiFCC, just ignore it
@AjitPaiFCC, just ignore it
#FCC Chairman @AjitPaiFCC has long defended the First Amendment, having rejected calls from both Democrats and this White House to crack down on broadcasters for political reasons https://www.politico.com/story/2017/10/17/trump-nbc-license-fcc-ajit-pai-response-243865
There’s no way for the FCC, the FTC, or any court to decide what constitutes ‘good faith’ content moderation, because it would require the government to examine the content of Internet speech, which the First Amendment clearly forbids
Regulators can't police whether social media networks are "fair and balanced" any more than they could police Fox News or any other traditional media outlet
Republicans used to be the ones explaining this to Democrats!
https://www.ftc.gov/news-events/press-releases/2004/07/statement-federal-trade-commission-chairman-timothy-j-muris
Republicans used to be the ones explaining this to Democrats!
https://www.ftc.gov/news-events/press-releases/2004/07/statement-federal-trade-commission-chairman-timothy-j-muris
We’ll probably spend quite some time over this nothingburger because the White House and the media will make it seem like a big deal
It’s not. The First Amendment still stands: the government can't regulate the "fairness" of speech online
It’s not. The First Amendment still stands: the government can't regulate the "fairness" of speech online
For a more detailed legal analysis, read our analysis of legislation proposed by Sen. Josh @HawleyMO, which would amend #Section230 to do essentially the same things the NTIA is asking the FCC to do through a rulemaking https://www.techdirt.com/articles/20200724/11372744970/first-amendment-bars-regulating-political-neutrality-even-via-section-230.shtml?threaded=true
We dissected the Executive Order when it came out in May
Nothing in the NTIA's Petition addresses any of our First Amendment concerns. Read this thread: https://twitter.com/TechFreedom/status/1265877617519009792?s=20
Nothing in the NTIA's Petition addresses any of our First Amendment concerns. Read this thread: https://twitter.com/TechFreedom/status/1265877617519009792?s=20
NTIA: "These platforms function, as the Supreme Court recognized, as a 21st century equivalent of the public square"
Um no
Um no