Section 230: Platforms and Publishers

There has been a lot said lately about Section 230 of the Communications Decency Act. President Trump had threatened to veto the defense budget unless it were repealed. Trump and others are upset with internet platforms Facebook and Twitter because of their censoring users—users that might propagate false claims about widespread voter fraud or foreign governments somehow hacking our voting system and users promoting false claims about COVID-19 being a hoax, for obvious examples. So what is the issue here?

Here’s the heart of the matter in §230: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”  This does not mean the provider (the platform) can’t be sued; it means they can’t be sued for information (good or bad) someone posts on their site from another source.  In short, they aren’t publishers.  That all seems good to me.  It would also seem like a simple extension of everyday thinking about private property. 

Consider: if I install a bulletin board on my property (outside my house, near where people walk), I can post what I like on that board and I can allow others to put up posts as well. Intuitively, we wouldn’t think I should be held responsible for what other people post there.  One simple reason for this is that it would be too much to expect me to monitor everything. If someone posts something on my bulletin board—which, assume, I offer my community as a way to increase communication—and I can be sued for false claims they post, I am very unlikely to install such a board in the first place. I don’t have the time or inclination to check the truth of everything posted by others. Section 230 essentially treats internet platforms just like that, though obviously much larger, with millions of posts on their “boards.” If we want them to offer their means of public communication, we shouldn’t hold them responsible for the truth (or fairness) of everything posted on their service. This is why §230 treats platforms as good Samaritans rather than as publishers.

What seems to upset people, I should note, is the removal of posts rather than the leaving of posts that are false or unfair in some way. Consider my bulletin board again. While I am not to be held responsible for things others post, I can take things down as I please. What §230 makes clear, as I read it, is that since its my bulletin board, I can remove stuff you hang even if what I remove would be constitutionally protected if on some state owned medium. I can help you post stuff I like and I can remove stuff I do not. I’m not required to do either, but (because it is my property), I can do either.  Facebook, Twitter, etc, can do the same—remove your posts or help you post—as they wish. And just as my helping you post on my board does not mean I am responsible for your posts, Facebook, Twitter, etc are not responsible for what you post there.

In short, §230 treats firms offering platforms as providing a valuable service on their property that thus should not be overly burdened. Nothing in §230, so far as I can tell, gives platforms any special privileges such that they can reasonably be seen as an extension of the state (which would mean that posts would be constitutionally protected).

The only thing I might find worrisome is if a platform knowingly lied (or knowingly forbid true posts). In knowingly forbidding true information, a platform might cause actual harm. If that can be demonstrated, I might agree that there should be legal interference. Given, though, that users are voluntary participants, this seems unlikely—you can’t claim to be harmed if you are a voluntary participant. To explain: If you come into my house after I tell you I might lie to you when inside, on my view, there should be no legal interference. Of course, in such a situation, you shouldn’t visit me. Indeed, you’d be well advised to unfriend me. Similarly, if you think the internet platform is being dishonest in the way it censors posts, you should probably leave it. At least this is a reasonable response if you’ve given it serious thought and conclude that the benefit to staying is minimal. I would suggest that staying has a clear benefit: exposure to views one doesn’t know or agree with. That can help one improve if one is open to it. But though I think we should all be open to hearing rational discourse, I don’t know that anyone is obligated to do so.

Preferring Purple: Rules for Honest Conversation

My home state, Georgia, has now certified that its Electoral College Votes will go for Biden (as have other states that were in play). Even before the steps for certification were complete, many on the left were thrilled to proclaim that Georgia has turned blue. I think this wishful thinking on their part (and fearful thinking for those on the right). After all, both of our seats in the US Senate are still up in the air. More importantly, this sort of thinking—that the state is blue or red—perpetuates an us-them mentality that, I suggest, is the underlying problem throughout the U.S. right now. (“The state is Blue! I finally can call it Home!” Or “Oh crap! The state is Blue? Carpetbaggers!”) I prefer to say GA is purple. It’s not, of course, a consistent purple throughout the state (far from it). This does not strike me as a bad thing—different people have different views and are somewhat geographically divided. I’m fine with that—It’s hardly surprising and it makes the world interesting. The U.S. is purple in the same way. If we start thinking in those terms, we might get past some of the hostility we see now and see a more consistent purple throughout. Those who have read my previous posts on RCL will not be surprised to hear that I think the way we do that is by improving the way we talk with each other. To that end, here is my working list of rules for honest conversation. (These were started by looking at Braver Angels’ “Ten Principles for Productive Political Disagreement.”)

  1. Speak! Don’t be afraid to ask honest questions. Realize you can only learn from others—and they can only learn from you—if you engage with them.
  2. The Golden Rule. Be respectful and kind, just as you want others to be to you. This means really listening, not just using the time your interlocutor is talking to plan your next statement. What you say should genuinely respond to them. Otherwise you’re having competing monologues, not dialogue.
  3. Admit conflict. And commonality.  We learn by recognizing that parts of our beliefs bother others; those others aren’t likely to engage us if we portray ourselves as completely different. (And we’re never completely different.)
  4. Recognize your feelings. As motivations, not reasons. Relying on feelings in discussion is likely to shut down the conversation and “motivated reasoning” is unlikely to be honestly open. In any case, while you might feel offended, worried, or hurt, declaring that as if it is somehow decisive is asking others to accept your feelings as more important than their feelings and their reasons. Asking yourself why you feel what you do, on the other hand, provides you fodder for discussion and might even make you realize you have no reason for the feeling (and perhaps should try to change).
  5. Use shared terminology. This can be hard, but without it, you may just end up arguing past each other. Getting clear on the terms, though, may show you and your interlocutor that you don’t disagree after all.
  6. Recognize your fallibility. Be humble, open. Qualify your claims, admit nuance. You’re meant to be having a conversation after all and conversations necessarily have more than one view presented (you give a verse, they give a verse, together you converse). If you assume your view is completely right or that your interlocutor has nothing of value to say, you’re not really there for a conversation—and your interlocutor is likely to realize it.
  7. Question Stereotypes—yours and your interlocutors. This should go without saying, but if you don’t question stereotypes, you may as well go home and guess what your interlocutor would have said according to your stereotype of them. That’s not helpful.
  8. Respect the other, even if not their ideas. This is really important both because respect is a fundamental value and because it does not entail thinking all ideas have the same value. Lots of people far smarter than I think my views are wrong. I still benefit from conversation with them because they treat me with respect. I try to do the same.
  9. Recognize it may not be either/or. Sometimes what seem like conflicting views are not really conflicting at all. And sometimes, of course, both are wrong. (See cartoon below–someone posted it on Facebook.)
  10. Be specific about disagreement. You may disagree with your interlocutor about more than one thing, but concentrate on one at a time. Bracket the rest so you can make progress on something. It may be that as you concentrate on one thing, you realize the disagreement is really due to some deeper (or higher?) issue; if so, bracket the original issue and move to this one. You can return to the first when you and your interlocutor better understand the deeper point of contention.
  11. Realize when compromise or civil disagreement is needed. You don’t have to convince your interlocutor and you don’t have to be convinced by them. You can disagree and still respect each other. Indeed, respecting the other means recognizing you might disagree—it means they are as entitled to a view as you are. Sometimes, you’ll disagree but compromise. Sometimes there isn’t any way to compromise and you just disagree. The world is interesting.
  12. Keep the conversation going. When real friends get together, they “pick up right where they left off.” While we won’t develop that sort of intimacy with all of our interlocutors, we should want to be able to come back to at least some of them—and have them come back to us—to ask further questions, raise other points, etc.

If I was to boil all of that down to an overly simple statement, I would say “be rational and reasonable!” This requires being able to step back from one’s own commitments and it requires being fair—and perhaps working to appear fair—to one’s interlocutors. I don’t think there is enough of this today. Polarization pushes us away from each other, reducing honest conversation. Honest conversation, though, has the power to reduce polarization. Which is stronger depends on us.