Social Media, Misinformation & Extremism, and the Law
By RYAN CALO AND WOODROW HARTZOG
LOS ANGELES TIMES, JAN. 15, 2021
Excerpts:
The 1st Amendment restricts only the ability of governments to interfere with free expression. So Facebook and Twitter are not trammeling anyone’s constitutional rights when they delete posts and accounts for violating the company’s terms of use. In fact, it would be a 1st Amendment problem were governments to start forcing private companies to continue publishing speech they disagree with.
These companies have built their systems to profit from the largely unchecked, viral spread of information. They are clearly aware of how their tools are being used.
Under the law, if you created something dangerous, knowing the specific harm that would result, you can be held liable. Social media companies knew that their platforms were designed in ways that fostered misinformation and extremism. It’s time our laws held them accountable.
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