Most of us have long ago said that we believe that Facebook and Twitter (and other Social Media platforms) have the “right” to ban whomever they please, because, “it’s not a First Amendment issue.” In fact, even Trump’s legal team seems to agree with this position.
But solely for the purpose of careful consideration of the ENTIRE issue, let us consider a few things that haven’t gotten much discussion, at least as far as I can find.
Social Media platforms, along with media websites and other types of socially interactive online sites are exempt under section 230 of USC §47 from being held liable for comments (speech) which is shared on the sites in the form of comments and/or posts. The platforms cannot be held legally or financially liable for the users’ inputs, including, by the by, “Main Stream Media” sites such as newspaper comment sections.
Now, again, let us be clear, the Platforms themselves are not the government. I believe that we all agree that given that circumstance, they are free to allow or disallow participation as they see fit. So, banning Alex Jones or Louis Farrakhan or shadow banning Devin’s Cow might be a bad business plan and result in customer blowback, but it is allowable. whether or not they should do it is another matter.
But… let us consider some things here...
