Square this circle:
1) Big Social Media firms have to make decisions on speech.
2) The ideals of free speech that everyone espouses are from an era where publishing and control of publishing was nascent.
3) As businesses, it is their job to ensure they take care of their shareholders, and thus this means driving engagement.
4) As humans, we respond and engage with certain stimului more actively than others.
5) As of 2026, moderation is still value driven. Private entities must now what is fair speech and moderate according to their values.
6) Platforms, following the incentives that are set out for them, create environments that are as addictive as possible for its users. This is what their job is.
You can make small enclaves for long form content. However, the majority of the voting population is drugged to the gills with enrapturing content.
This is not a recipie for a healthy information economy, this is the opium wars being waged by our own business structures on our own people - a druggie information economy.
Giving governments more power is ... oof... a bad idea. We need more genuine efforts to ensure a healthier content environment that works for society.
Do note, that while US based commenters are concerned, the situation is even worse in other nations, given that Authoritarianism is on an upswing. Figuring this out is not a trivial philosophical issue.
The fiction underlying their section 230 liability shield is that they don’t have to make those decisions. They’re just “dumb pipes” for user generated content. The Supreme Court punted on this issue in Twitter v. Taamneh but it’s going to get resolved eventually.
One trick i always apply to products is to ask yourself what kind of people you are looking to create. Who are the resource and what do you want to change them into? Anything we say is manipulation so appealing to ignorance isn't an answer.
It seems we like people to be constructive and feel empowered to do useful things. We would want them to have access to useful educational information to guide them on their path to enlightenment. We want everyone to contribute to the wellbeing of humanity and the environment which starts by convincing them they can. Then we also don't want to force people into such a narrow scope that they can't express themselves freely anymore.
It would probably be funny to have a personalized LLM review your content contribution before you hit the submit button and present you with a harsh bullet list enummerating everything that is wrong with your contribution. Then if your writings meet certain criteria the right audience should be exposed to it.
We could make it even more spectaculaire by merging the contribution with similar ones under the guidance of its authors. In stead of 100 very similar recipes for apple pie have an AI assisted battle royale that arrives at one that describes the variations (and lists its 100 sources)
You might even identify and recruit some pâtissiers to write walls of text denouncing and/or praising some variations. Currants, sultanas or raisins? The world needs to know.
Generally speaking, we deem various kinds of speech that harms people as NOT protected under the first amendment, and that kind of speech would not be protected here.
Yelling “Fire!” in a crowded theater, libel and slander, speech calling for violence, and fraudulent advertising are some typical examples of speech not protected by the first amendment.
It would be tricky, but we could reasonably categorize engagement algorithms with certain properties as harmful to people and not subject to first amendment protections. This would be consumer protection, like laws against fraudulent advertising and other misleading claims.
There's simply no general principle that speech which harms people can be restricted.
This is a hope, however I have not seen any effort that wasn't scuppered, until recently.
The social media bans are a lurch in that direction.
I could separate them out into different strands:
1) Society saying that the engagement algorithms is not what we want to have in our lives or the lives of our children
2) Problematic technical implementations, or benign technical implementations that invade privacy and support government gaining more powers over speech.
Any regulation shaping algorithms is perilously close to shaping speech. Now if you say algorithms are speech or editorial decisions that platforms have their own freedom to choose, then you essentially strip them of their protections.
This would force a form of moderation that would have most people up in arms on HN.
I fully admit, I am being rough in my cuts; the point I am attempting to make is that any decision to decide what constitutes protected and unprotected speech is going to be government interference.
It may even be likely that the firms such as Meta or Tik Tok would end up as untenable under such rules.
https://www.techdirt.com/2023/03/14/setting-1st-amendment-my...
I'm just stating facts.
Yet, what’s the point of pedantic digressions that distract and muddy rather than clarify and communicate?
That is not a general principle. Consider the following: it is now illegal to say the word “election” because it would harm the President.
We ban a subset of harmful speech with a direct link to clear harms, usually criminal.
Apparently they missed Ron Wyden (co-sponsor) of the bill is a Democrat and the bill is a bi-partisan effort?
Or the fact the EFF is actually in support of the bill:
EFF applauds Senators Cruz and Wyden for taking this critical issue seriously, and we look forward to working with Congress on this bipartisan bill as it moves through the process. We hope it lands on the right balance to provide additional protections for everyday users around freedom of expression.
And thank god for that. I hope this is indicative of a larger trend in the opposite direction.
I'm not in the US, but here too free speech and other democratic values have been something the far right could contrast themselves on against the center and left. It pisses me off to no end that the issues I've been harping on about for years are now most effectively championed by a group that is otherwise ideologically opposed to me. I'm not mad at the right for this, I'm mad at the center and left who handed it to them.
They whine about actual Nazi rhetoric earning bans on private companies' platforms, then turn around and open investigations on people criticizing their masked police force. Attending protests gets you added to the terrorist watchlist.
Are you sure they are? Probably most people in your country would label you as far right for championing free speech, no other issues considered. Probably you are doing the same for others.
And why should that matter? Your assumption here is that these two parties are different to one another AND not corrupt. I don't see why these two assumptions should be true intrinsically. Can you explain why, if a Democrat does xyz, one should not be wary anymore?
As for "bi-partisan effort": look at public hearings recently. On simple questions such as was the storm of the capitol an attempt to overthrow a democratically elected government, all the clown members of the current clown administration dodged to answer that. Any more questions necessary here?
> Or the fact the EFF is actually in support of the bill
And why would that matter either? The EFF is not a holy shield that has taken away people's ability to think for themselves. I don't need any moral compass given by EFF or anyone else to know where and when and how corruption works.
https://www.koin.com/news/oregon/lawsuit-claims-wydens-famil...
The single senator who opposed it.
Now you can argue that the right way to counter misinformation is by countering it with legit information, and that's certainly a valid argument.
But that idealistic approach quickly runs into a wall. As Bill Gates said on Oprah's show, "We were a bit naive: we thought the internet, with the availability of information, would make us all a lot more factual. The fact that people would seek out—kind of a niche of misinformation—we were a bit naive."
So yes, people seek out misinformation, because of some inherent belief that there is a vast conspiracy going on that they aren't aware of, and the more conspiratorial some news sounds, the more likely they are to believe it. So you can't necessarily fight misinformation with legit information, unfortunately. As a result, a public health crisis is likely if social media companies do nothing to control the spread of misinformation.
There's always an implied or else. Stop harming the public, because the government is obligated to stop harms to the public and if they have to step in, it won't be favorable to your company.
why would the government need some other stick?
Honestly, yeah. The government can counterprogram. But it shouldn’t be allowed to pressure anyone to take that content down (or limit its visibility).
Half the reason this anti-vax nonsense gained staying power is as a backlash to such government interventions.
The proper solution to misinformation is standard liability. If you say measles vaccines are useless and cause autism, neither of which is true, and someone’s kid dies of measles after listening to you, you cut them a cheque. (But don’t go to jail.)
Just like you and I have a right to free speech, so does the government. The government can urge, warn, criticize, request, and share public-health information.
I think the line between that and Brendan Carr calling ABC and saying “Jimmy Kimmel is lying, he is contributing to real-world harm, and I urge you to reduce his reach” while e.g. a merger is under review or licenses up for renewal is impossible to delineate.
And again, in any case, it didn’t work. It probably threw fuel on the fire. Government shouldn’t be saying what political speech is and isn’t said. That’s what the First Amendment ensconces.
It is not that i think all right wing hosts are liars,they love to play the victim, but all I see as a source is "Joe Rogan says...". Quoting yourself is not a source.
> Finally, contrary to what many in Congress have been saying, social media platforms and other internet intermediaries have their own First Amendment rights to decide how they moderate users’ speech. They are not “state actors” and do not have an obligation under the First Amendment to allow all user speech on their platforms.
Private platforms do not have an obligation, legal, moral, or otherwise, to host or boost your harmful opinions and mis/disinformation campaigns.
Which is too say I agree with you that they don't currently have a legal obligation but I think we should change that.
> EFF applauds Senators Cruz and Wyden for taking this critical issue seriously
Credit where it’s due, but I doubt that ICEBlock was the first thing Ted Cruz wanted to benefit from this bill
On the not so bright side: this is literally KGB textbook 101. Yuri explained this in the 1980s already: https://www.youtube.com/watch?v=9apDnRRSOCk
Ultimtately, though, while the billionaires running the show are ruthless, their puppets in the current administration are really so incompetent that they will literally ruin everything, including their own corrupt ambitions.
> After earlier stating he first ran for Congress in 2012 “with the stated intention of being the leading defender of Israel in the United States Senate,”
Texas has laws that government contractors must promise not to boycott the state of Israel [2]. 35+ US states have similar laws [3]. This on its face seems like a government restriction on speech, squarely violating the First Amendment. The Supreme Court, who otherwise love to pay lip service to the First Amendment, go out of their way to avoid anti-BDS challenges [4]. Courts have generally split hairs here saying anti-BDS impacts commerce and is speec-neutral. That's a complete cop out.
So do I think that Ted Cruz really cares about free speech? Not for a second. I suspect that if this passes, it'll only ever be applied in cases where governments officials attack conservative misinformation (eg stolen elections, anti-vaxxer anything). Any speech contradicting US foreign policy will be labelled as domestic terrorism so First Amendment freedoms don't seem to apply (I suspect).
US tech platforms already have incredible conservative bias. Meta's policy chief, Jordana Cutler (who worked in Benjamin Netanyahu's office), boasts about taking down pro-Palestinian content [5]. Twitter is a Nazi shithole [6]. And worse [7]. The whole manosphere, which is an alt-right entry point, flourishes on every platform.
So, no, I have no confidence in anything Ted Cruz supports.
[1]: https://www.christianpost.com/news/ted-cruz-cites-genesis-12...
[2]: https://gov.texas.gov/news/post/anti-israel-policies-are-ant...
[3]: https://en.wikipedia.org/wiki/Anti-BDS_laws
[4]: https://www.aclu.org/press-releases/supreme-court-declines-t...
[5]: https://theintercept.com/2024/10/21/instagram-israel-palesti...
[6]: https://www.nbcnews.com/tech/social-media/x-twitter-elon-mus...
[7]: https://www.forbes.com/sites/conormurray/2023/07/27/twitter-...
