Twitter's online speech norms were created and shaped by lawyers who were deeply knowledgeable of existing First Amendment case law in the U.S. It feels like journalists now want platforms to intentionally deviate from that: https://harvardlawreview.org/wp-content/uploads/2018/04/1598-1670_Online.pdf … https://twitter.com/TonyRomm/status/1029827909987520512 …
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Replying to @kimmaicutler @TechmemeChatter
thanks, investor in reddit who has a financial interest in fighting social precedent for platform moderation
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Replying to @replygirI @TechmemeChatter
This wasn’t a comment about what I think Twitter should or should not do, I am just noting that doing something different isn’t supported by several decades of rulings. I was a journalist for 10 years and lean toward stricter policies on harassment but then I read several 80+
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Replying to @kimmaicutler @TechmemeChatter
Papers on First Amendment law and Internet moderation like the paper linked above (which you should read in full before responding) and that changed my way understanding of the situation.
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Replying to @kimmaicutler @TechmemeChatter
Do you think there is any merit to the idea that the scale, architecture, and viral potential of modern social platforms differentiate them meaningfully from virtually all 1A precedents except themselves?
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That is, systems that have been optimized for reach and engagement/ to produce network effects seem to pose 1A challenges most forms of expression and distribution could never produce.
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Replying to @InfoMEndler @TechmemeChatter
Yes, it's almost certain that we need new standards. But the media criticism is that Twitter has no values, when it clearly has had long-standing practices with rationale behind them that is shaped by pre-existing First Amendment rulings and U.S. cases.
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You're spot on here, although I'd go further - we don't simply need new standards, we need a new way of thinking and talking about how to make standards, what it means to have "good" ones in this context, and what we can plausibly expect of enforcement given logistical challenges
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I also think there should potentially be externalized accountability (outside of the corporate org) that enforces it to transparently disclose why and how it moderates the way it does.
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I think that's likely to come to pass - there's already a lot more public discussion about this as well as moves towards transparency (e.g. FB posting a quite faithful/detailed summary of the internal rules earlier this year). More of that will come.
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it's a question of whether it's voluntary or externally enforced (but there's also a relationship between the threat of coercion prompting voluntary self-regulation & transparency)
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Believe me, I know :)
0 replies 0 retweets 1 likeThanks. Twitter will use this to make your timeline better. UndoUndo
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