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The techdirt article I linked cites examples of people doing exactly this.

> If Facebook were to start creating or editing content on its platform, it would risk losing that immunity


> If Facebook is going to behave like a media provider, picking and choosing what viewpoints to represent, then it’s hard to argue that the company should still have immunity from the legal constraints that old-media organizations live with.

This is all nonsense. Old-media organizations are protected by CDA 230 just like everyone else: they can host third party content like user comments without being liable for it.

Publishers being able to "censor" is the whole value proposition for having a publisher. You're paying for the NYT because it picks who to publish. Facebook has no special "platform" protections that anyone else doesn't get.

Many, many people seem to think that CDA 230 itself makes a distinction between "platforms" and "publishers". I even replied to someone here in this comment section:


The first one is fair - Vox got it wrong. That vox got it wrong should surprise no one, vox is lowest common denominator agenda driven garbage. \

The second one is asking "should they" - its asking a question not positing a fact.

Should they get immunity for what posted if its clear they have the capacity to censor at will? Why should they and not anyone else on the internet?

CDA makes a distinction between publisher and platform and the talk about this whole issue is that many people are saying that these companies can clearly police their content, and should be liable for it and not specially protected.

The first one was Wired- not Vox- and the second one was claiming in the prior paragraph that "The platforms are immune from such suits under [CDA 230]. The law treats them as a neutral pass-through" which it doesn't. The law specifically says that platforms can moderate any content it deems objectionable.

Where does the CDA make a platform/publisher distinction? What is the definition of the difference, and where is it in the law?


As Techdirt says, "This "publisher" v. "platform" concept is a totally artificial distinction that has no basis in the law.". Are they wrong?

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