Lumination

Member
Oct 26, 2017
12,649
People saying the 1st amendment doesn't protect twitter speech are missing the point here. She's talking about the fundamental concept of free speech,. not the exact American implementation of it.

In a vacuum, it makes sense. Government, through elected representatives, should legislate what speech is protected and what isn't. Tech oligarchs should not. I think most people would agree with this.

In our specific situation though, the issue is that twitter speech is neither explicitly allowed nor condemned, but instead, pretty much unaddressed. Therefore, it leaves a responsibility hole that we are allowing (and even pleading) private CEOs to pick up. Look at this as a critique not of twitter's ban, but of the system that forced it to come to this.
 

Alric

Member
Oct 27, 2017
1,970
A big problem is government isn't doing anything. They are so broken themselves they can't pass simple good legislation that both their bases agree on, yet alone coming up with sound laws for all social media companies local and foreign to abide by.
 

Silver-Streak

Member
Oct 25, 2017
3,011
At the barest minimum, in the US, where Twitter is HQ'd, no Free Speech laws or rights were violated.

The laws may or may not be different in other countries (although from a precursory glance at Germany's laws, Twitter still didn't violate anything from what I can see.), but people should stop conflating removing Trump from a platform 5 years later than they should have as "restricting free speech". Because it isn't.
 

twofive

Member
Oct 27, 2017
330
What I am getting is she is arguing for government regulations rather than social media's own policy to regulate this.
 
Dec 31, 2017
7,138
Absolutely. Corporations like Facebook and Twitter are not our friends and they're pretty vile, if I'm honest. While everyone is undoubtedly cheering at the fact Trump got banned on their services, it's worth remembering the precedent this sets and how disturbing it is that people are actually okay with corporations being allowed to decide stuff like this in the first place.

They have effectively given themselves the power to decide who is allowed to say what and just because they did the right thing once (and only to earn brownie points with the next US administration, remember), it doesn't mean they're always going to use that power properly. When you consider how increasingly invasive these corporations are becoming and how effortlessly they're entrenching themselves in people's lives, more and more legal rights are going to become a grey area that corporations get to decide what you're allowed to have because they own everything you use and do.

Corporations are too powerful already and it is absolutely something that the governments of the world need to address. They need stronger regulation and stricter rules of transparency and accountability.
As much as I love Trump finally being banned, I do share this view to a large extent. We are looking at a slippery slope future regarding these matters.
 

fick

Alt-Account
Banned
Nov 24, 2018
2,261
I think too many people are looking at the title rather than the content. She's not saying he shouldn't have been deplatformed. She's saying that the onus to do so shouldn't be on private companies, and she's arguing that lawmakers should pass laws preventing such speech in the first place.

but it would be similar to someone shooting a mass shooter, and having someone come out with, "Well, that person should not have shot the mass shooter because that mass shooter shouldn't have been allowed to own guns in the first place."

just a weird way to phrase it regardless.
 

take_marsh

Member
Oct 27, 2017
7,377
Hate speech laws in the US would be nice. And he called for violence so the ban is well-earned.

I do agree that social media shouldn't have as much leeway as they've been given for the past few years, but the government is also to blame for not doing enough to hold these companies responsibilities for their (in)actions.
 

Dis

Member
Oct 27, 2017
6,026
Yeah well while it is correct that leaving stuff like this up to companies and not the government for regulation is a stupid way to have a system, sometimes there isn't an option for that. The usa has spent an insane amount of time crafting this narrative that pretty much everything with few exceptions counts as protected speech, half the shite that trump said wouldn't be allowed as free speech in a lot of European countries by a normal person, but the usa supreme Court has allowed it even when it's hate speech.

Let's also forget that the usa isn't a functioning government and hasn't been for a long time, and it's a surprise when anything new and meaningful is passed into law now. Most things passed are just updates or renewing old shit because the GOP refuse to even talk about anything else they don't agree with 100% and won't compromise at all to find the fabled middle ground.

What does anyone expect to be done? Let trump continue to cause attacks on government in hope that maybe after the 2nd or 3rd the GOP might finally pass a law to change his right to do so? Yeah sorry but no.

What we should be asking is if the usa government still thinks self regulation bullshit is the way forward when it has been shown over and over to never actually work. Twitter only took steps after years of trumps shit, other companies also waited years because they valued their profits over doing the right thing for the people, the fear of regulation is what's got these movements by big corporations even before the election, they didn't care before then while shit was going down.
 

Tathanen

One Winged Slayer
Member
Oct 25, 2017
6,091
It's almost like the president of the united states shouldn't have been relying on a privately owned social network as his primary vehicle of communicating policy.
 

El-Suave

Member
Oct 27, 2017
4,832
Wasn't Merkel's point just that. Build legal framework what companies need to follow.

Maybe, but every baby step in the right direction helps. That they now put Trump on the "but he's a politician" pedestal when he's just a nazi troll is disgusting. They all know better and this all falls in the category of "humoring him for a bit longer can't hurt" category for me. It doesn't just hurt, it kills as we saw...
 

Redrow

Member
Oct 28, 2017
38
I can't find the part, where / when Merkel herself made that statement? Spokesman Steffen Seibert made those claims? Not sure if that was done on her behalf. Is there another source?
 

ThatCrazyGuy

Member
Nov 27, 2017
10,157
What I am getting is she is arguing for government regulations rather than social media's own policy to regulate this.

That's what I am understanding. She wants the government to regulate the social platforms more?

So in this instance, the government would had made twitter ban Trump?

In whatever hypothetical she is talking about, I hope politicians are held to the same standard as the common citizen.

Just because you hold office, you are not above the TOS.
 

Deleted member 46493

User requested account closure
Banned
Aug 7, 2018
5,231
Just seems that she wants corporations to go through a government process in order to censor someone. Very German lol
 

GoldenEye 007

Roll Tide, Y'all!
Banned
Oct 25, 2017
13,835
Texas
what they are saying is that government should decide that and not Twitter.

that said, Twitter can ban whomever they want
In this scenario, the president would be untouchable. He'd still be openly calling for insurrection on this platform because the government would not act at all.

Twitter is simply a private platform and is not critical for anything at all. He's free to communicate with the American people and the world in countless other ways.
 

gerg

Member
Oct 25, 2017
2,360
I don't disagree with criticism of Trump's ban from the perspective that the grounds were more or less arbitrary, given what he has posted throughout his presidency, and that what decided it was various platforms' self-interests rather than some consistent codes of ethics. I feel like we shouldn't let platforms have it both ways and allow them to be both bastions of (more or less) unfiltered free speech and moderated for the common good whenever it is convenient for them to be so. I think this article was very cogent.
 

kiguel182

Member
Oct 31, 2017
9,491
People are misconstruing what she is saying.

governments should regulate free speech, not private corporations.

Unfortunetly the EU has been slow to actually force moderation and scrutiny regarding social networks so it's a bit weird that she is complaining when Twitter here did the right thing.

But what is hate speech should be regulated by elected officials and not billionaires
 
Oct 25, 2017
41,368
Miami, FL
She's wrong that Twitter shouldn't have banned him.

But she's right that relying on tech companies instead of government to do this can be messy and problematic. After all, had we had laws against this type of speech to begin with, he would have been deplatformed years ago. But that's the first amendment for you. It inherently puts the burden on the private companies to do something. And it prevents lawmakers under an extreme right wing government from silencing people opposing them.
agree.
 

CrichtonKicks

Member
Oct 25, 2017
11,340
In a vacuum, it makes sense. Government, through elected representatives, should legislate what speech is protected and what isn't. Tech oligarchs should not. I think most people would agree with this.

I only agree with the first part. Private platforms should absolutely have the right to determine who is on the platform and who isn't. No one has a God-given right to a Twitter account.
 

MetalMagus

Avenger
Oct 16, 2018
1,645
Maine
Once again, ERA shows its ass with people who read only the headline and don't even bother to skim the article.

But, shame on you OP, Bad Advice the thread title gets precisely this sort of reaction because of how you framed it.

Yo, fellow Americans, maybe educate your asses about the fundamental differences between how EU nations regard freedom of speech and the many MANY government restrictions they have on speech. What Merkel and other European leaders have an issue with is the entire concept of the U.S. hands-off-approach to speech and laying the onus for restrictions on companies and lawyers.

I admit, it's shit timing from Merkel, but their argument (as some others in the thread have noted) is that it NEVER should have gotten this far in the first place because there should be laws in place that restrict it. How the U.S. lets corporations have all the power is mostly why we're in this fucking mess to begin with.
 

Biestmann

Member
Oct 25, 2017
7,418
As a German, I understand her point and agree, though I think her criticism misses the American mark. She's arguing that hate speech and similar should be regulated by the government and thus made actionable based on those laws, like it is in Germany too. It shouldn't be up to tech to decide what goes and what doesn't one day or another.

That said, good luck regulating hate speech in the US when the 1st amendment exists. No lawmaker will ever want to touch this subject matter with a 10 foot poll. At that point, tech stepping in and banning the fool days before his presidency comes to an end is better than nothing happening at all. However, Americans shouldn't have to wait on tech shitting their profit pants for that to happen - in an ideal world anyway.
 

MasterChumly

Member
Oct 25, 2017
3,916
People are misconstruing what she is saying.

governments should regulate free speech, not private corporations.

Unfortunetly the EU has been slow to actually force moderation and scrutiny regarding social networks so it's a bit weird that she is complaining when Twitter here did the right thing.

But what is hate speech should be regulated by elected officials and not billionaires
And yet the literally almost no governments actually do that. So if we can't rely on governments then companies are forced to step in. Also it's absurd to say we should rely on the say government "moderating" that speech when they are the ones saying it.
Maybe she should have clarified that the EU should get off their asses and create their own regulations. Blaming Twitter is nonsense
 

Merino

Member
Oct 26, 2017
313
So having a FB and Twitter account needs to be an unalienable human right and ban-hammers should be outlawed?

Yeah let's just turn the entire internet into one bigger cesspool than it already is....
 
Oct 26, 2017
6,622
The only reason why Twitter had to even step in is because the government's of the world have failed to set up legal frameworks so far. Self regulation of corporations never works.
In this case Twitter didn't ban Trump out of the goodness of their hearts. They try to preempt regulations and laws that would hold them accountable. Twitter was fine to profit from the erosion of democracy and common decency until it got too hot for them to ignore.
Fuck Twitter, fuck social media corporations in general for enabling these swines to poison society and profit from it.
Twitter, Facebook and their rotten ilk can't be trusted with anything other than their inherent greed.
 

RedBlue

Member
Oct 27, 2017
3,378
Queens, NY
Trump is free to shout his thoughts into a golden toilet, but social media companies have every right to moderate what is said on their platform.
 

Haunted

Banned
Nov 3, 2017
2,737
Reads to me as Merkel thinks the US should create laws limiting free spech for things like hate speech etc, similar to the European approach.
She is explaining what Europe would be doing in this situation and why we're doing it this way and why she thinks our approach is preferable.

This statement is entirely consistent with her point of view and must not be misunderstood as a defense of Trump. She despises the man.
 

Yahsper

Member
Oct 29, 2017
1,577
The posting reflex of Resetera is disgusting sometimes. It's pretty clear what she's saying, yet many people still feel the need to misinterpret her words in the worst way possible.

It really shouldn't be up to Twitter and Facebook to decide what is free speech, or harmful speech. There should be clear laws, and those laws should be followed. People thinking she misunderstands the right of free speech clearly has no idea how Germany handles any pro-nazi messaging. But it's the responsibility of the government to create laws, and it's up to social media companies to follow that law. While the current result was necessary, it's still clear the entire response on the rise of Trumpism was a failure.

If nothing changes, all that's necessary is for a alt-right big tech (Lucky Palmers?) millionaire/billionaire or a foreign state to start a social media platform and create a home for these MAGA-types to make the movement even stronger. It shouldn't be dependent on that.
 
OP
OP
Bad Advice

Bad Advice

Member
Jan 8, 2019
795
As a German, I understand her point and agree, though I think her criticism misses the American mark. She's arguing that hate speech and similar should be regulated by the government and thus made actionable based on those laws, like it is in Germany too. It shouldn't be up to tech to decide what goes and what doesn't one day or another.

That said, good luck regulating hate speech in the US when the 1st amendment exists. No lawmaker will ever want to touch this subject matter with a 10 foot poll. At that point, tech stepping in and banning the fool days before his presidency comes to an end is better than nothing happening at all. However, Americans shouldn't have to wait on tech shitting their profit pants for that to happen - in an ideal world anyway.
Yeah it can be understood as a signal to those companies that that kind of behaviour won't fly in Europe and that they will seek to reign in those companies powers.
 

Quixzlizx

Member
Oct 25, 2017
2,591
because maybe they have a different definition? 1st amendment only applies in the USA. but then I am not sure what the difference between the American and German law is.

but overall I do sympathise with her view that private companies shouldn't have that much power to regulate who can say what. There should be laws that determine when they are allowed to silence someone and when not. just saying "it's a private company they can do whatever they want!" might be legally true but it negates the importance and influence that social media has in our daily lifes in the year of our Lord 2020.
You're correct, Donald Trump should be the one deciding who's allowed to say what.
 

Lumination

Member
Oct 26, 2017
12,649
I only agree with the first part. Private platforms should absolutely have the right to determine who is on the platform and who isn't. No one has a God-given right to a Twitter account.
Then the solution is we specifically outlaw violent speech on these types of platforms, similar to how we outlaw violent/hate speech in real life. Twitter should have the ability to ban whomever they wish. BUT there is a subset of users they MUST ban, and Jack should not be the decision maker on those.
 

discogs

Member
Oct 28, 2017
367
London
As a German, I understand her point and agree, though I think her criticism misses the American mark. She's arguing that hate speech and similar should be regulated by the government and thus made actionable based on those laws, like it is in Germany too. It shouldn't be up to tech to decide what goes and what doesn't one day or another.

That said, good luck regulating hate speech in the US when the 1st amendment exists. No lawmaker will ever want to touch this subject matter with a 10 foot poll. At that point, tech stepping in and banning the fool days before his presidency comes to an end is better than nothing happening at all. However, Americans shouldn't have to wait on tech shitting their profit pants for that to happen - in an ideal world anyway.
This is completely it - I don't know why people are misreading her. You may think it's great that "the freemarket has decided we don't want this s***" but actually, I'd rather free speech was held accountable to a neutral not-for-profit body (like the state) rather than a stupid social media company... I don't want corporations being the arbiters of ethics and speech acts!
 

Cats

Member
Oct 27, 2017
2,929
The twitter ban is not a 1st amendment violation.
It's almost like the president of the united states shouldn't have been relying on a privately owned social network as his primary vehicle of communicating policy.
Exactly. Even if this is not about the law but spirit of "free speech" he violated the TOS numerable times in his usage of their service and they have every right to ban him. Use a government or personally owned channel, don't really on 3rd parties to give official communication.
 

Menchi

Member
Oct 28, 2017
3,167
UK
Yep she's wrong but this isn't made any easier be there selective nature of banning being done. You can't just ban Trump whilst allowing every other dictator to run amok encouraging all sorts of violence on a day to day basis

It's why all this feels so empty on Twitter/FB at least. Apply the hammer to all the monsters
 

excelsiorlef

Bad Praxis
Member
Oct 25, 2017
73,518
I think the point which is being missed by people here is that twitter and social media in general has grown to become such an integral part of our society that they should arguably be regulated and covered by freedom of speech laws.

Here here, here's to the freedom of bigots to send slurs daily at minority twitter users with no ability to be banned because outside of twitter you can't be arrested for hurling slurs at minorities.
 

Royalan

I can say DEI; you can't.
Moderator
Oct 24, 2017
12,193
The problem isn't so much that she's wrong. I understand what she's trying to communicate. Upholding standards against violent speech should be a matter of government and not private entities. And even if you disagree with that, it isn't a controversial position to take.

The problem is that Merkel, and so many other people, are choosing this moment, with this man, after everything he's done, to plant their flag in the sand on free speech.

Y'all. We're talking about Donald Trump. This is not the moment.